James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, and the Class of Beneficiaries, Pursuant to Minn. Stat. 573.02 v. The City of Stillwater, Minnesota
2017 Minn. App. LEXIS 16
Minn. Ct. App.2017Background
- Nine-year-old Jack Ariola Erenberg died of primary amoebic meningoencephalitis after swimming at Lily Lake, a city-owned park beach in Stillwater, Minnesota.
- Jack’s father, James Ariola, was appointed trustee to prosecute a wrongful-death claim and filed suit against the City of Stillwater and others; this is the second appeal concerning dismissal of claims against the city.
- The city maintained park improvements (beach, docks, stormwater pipes discharging into the lake) and had historical citizen complaints and a lake-management plan noting pollution (phosphorus, chlorophyll-a) but no recorded complaints alleging risk of death or amoeba.
- Two prior PAM (Naegleria fowleri) deaths in the area (2010) led to county/MDH/CDC testing; some tests found NF in Lily Lake sediment, but the record does not show the city had actual knowledge that Lily Lake contained NF before Jack’s death.
- The district court granted summary judgment to the city on recreational-use immunity and dismissed for lack of subject-matter jurisdiction based on the trustee’s failure to file a statutory oath within the three-year wrongful-death limitations period; the court also taxed costs against Ariola personally.
- The Court of Appeals: (1) held the trustee-oath requirement is mandatory but not jurisdictional (so the district court erred to dismiss for lack of jurisdiction); (2) affirmed summary judgment because Ariola failed to raise a genuine issue that the city had actual knowledge of an artificial condition likely to cause death under the adult trespasser exception; and (3) reversed the taxation of costs against Ariola personally (no finding of mismanagement/bad faith).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to file trustee’s oath before suit divests court of subject-matter jurisdiction | Ariola: the notarized, verified appointment petition sufficed as an oath; even if not, appointment was timely so defect should be curable | City: oath is a statutory prerequisite; failure to file it before suit makes the complaint a nullity and bars jurisdiction under the wrongful-death statute | Oath is mandatory but not jurisdictional; dismissal for lack of jurisdiction was error |
| Proper knowledge standard under the adult trespasser exception to recreational-use immunity | Ariola: constructive knowledge (knew or should have known) suffices; circumstantial evidence (pollution, media coverage, county testing) shows city should have known | City: actual knowledge is required; plaintiff cannot rely on speculation or constructive notice alone | Court overruled Noland and held actual knowledge is required to invoke the adult trespasser exception |
| Whether evidence raised a genuine issue that city had actual knowledge of a deadly artificial condition | Ariola: circumstantial evidence (historic pollution complaints, media about prior PAM case, county testing) permits an inference of actual knowledge | City: no record evidence any city official received or knew testing/media established NF in Lily Lake before Jack’s death; affidavits show lack of knowledge | Evidence was insufficient—only speculative inferences; summary judgment for the city affirmed |
| Whether trustee may be taxed personally for costs absent mismanagement or bad faith | Ariola: sued only in representative capacity as trustee; personal taxation improper without finding of mismanagement/bad faith | City: costs should be charged against the prevailing defendant and may attach to the party represented | Trustee cannot be taxed personally under Minn. Stat. § 549.14 without mismanagement/bad faith; taxation against Ariola reversed |
Key Cases Cited
- Ortiz v. Gavenda, 590 N.W.2d 119 (Minn. 1999) (wrongful-death appointment requirement is jurisdictional in certain contexts)
- Noland v. Soo Line R.R., 474 N.W.2d 4 (Minn. App. 1991) (earlier panel applying constructive-knowledge standard under § 335)
- Krieger v. City of St. Paul, 762 N.W.2d 274 (Minn. App. 2009) (applies actual-knowledge standard under § 335)
- Kolles v. Ross, 418 N.W.2d 733 (Minn. App. 1988) (trustee has exclusive right to maintain wrongful-death action)
- Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83 (1998) (caution on use of the term "jurisdictional")
- Kontrick v. Ryan, 540 U.S. 443 (2004) (distinction between claims-waivable defenses and true jurisdictional limits)