Jason Hoff v. Earl Surman
2016 Minn. App. LEXIS 58
| Minn. Ct. App. | 2016

Background

  • On Feb. 25, 2014 a Metro Transit bus driven by Earl Surman rear-ended Jason Hoff’s van on an icy stretch of University Avenue in Minneapolis; Hoff stopped to allow a bicyclist to pass.
  • Hoff sued Surman and the Metropolitan Council for personal injuries, alleging negligent driving (failure to keep lookout, maintain distance, stop, and control vehicle). Hoff did not allege defendants maintained the roadway.
  • Defendants moved for summary judgment asserting statutory snow-and-ice immunity under Minn. Stat. § 466.03, subd. 4, plus other immunities; evidence showed the road was icy and defendants’ witnesses attributed the crash in part to ice.
  • The district court denied summary judgment, reasoning the snow-and-ice immunity targets municipal maintenance duties, not negligent driving by municipal drivers.
  • The Court of Appeals affirmed, holding the statute does not bar claims based solely on negligent driving even if snow/ice were a contributing factor.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Minn. Stat. § 466.03, subd. 4 (snow-and-ice immunity) bars Hoff’s negligent-driving claim Hoff: claim is based on driver negligence, not on snow/ice maintenance; statute applies only to maintenance claims Defendants: statute uses “any” and protects any claim based on snow or ice conditions where ice was a causal factor Held: Immunity limited to claims based on snow/ice conditions tied to a municipality’s maintenance duties; does not bar negligent-driving claims

Key Cases Cited

  • Gleason v. Metro. Council Transit Operations, 582 N.W.2d 216 (Minn. 1998) (denial of immunity defense on summary-judgment appeal and review standard)
  • Angell v. Hennepin Cty. Reg’l Rail Auth., 578 N.W.2d 343 (Minn. 1998) (statutory immunity construed narrowly)
  • Koen v. Tschida, 493 N.W.2d 126 (Minn. App. 1992) (weather-as-true-culprit reasoning when claim targets highway maintenance)
  • In re Heirs of Jones, 419 N.W.2d 839 (Minn. App. 1988) (legislative abolition of common-law sovereign immunity for political subdivisions)
  • Berg v. City of St. Paul, 414 N.W.2d 204 (Minn. App. 1987) (application of snow-and-ice immunity to roadway conditions maintained by municipality)
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