Abbett v. St. Louis County

Citations: 424 N.W.2d 82; 1988 Minn. App. LEXIS 530; 1988 WL 52472Docket: C7-87-2092

Court: Court of Appeals of Minnesota; May 31, 1988; Minnesota; State Appellate Court

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Daniel John Abbett filed a lawsuit against St. Louis County after suffering severe injuries from a car accident on St. Louis County State Aid Highway No. 3, where he claimed the county was negligent for not installing a guardrail at the accident site. The county sought summary judgment, asserting discretionary immunity under Minn.Stat. 466.03, subd. 6, which the district court denied, allowing further discovery except for one deposition. The county appealed both the discovery order and the denial of summary judgment, leading to a stay on discovery pending the appeal's resolution.

In support of his claim, Abbett presented an expert affidavit indicating that the absence of a guardrail constituted a violation of good engineering practices, given the road's conditions, including steep embankments and trees. Abbett cited the Minnesota Department of Transportation's Road Design Manual, which identifies high embankments and fixed objects as conditions that may necessitate guardrails. Conversely, the county submitted affidavits from experienced highway engineers, arguing that guardrails can pose additional hazards and that decisions regarding their placement are discretionary, involving a balance of safety factors. 

The primary legal issue is whether the county's decision not to install a guardrail at the accident site is protected by discretionary immunity. The trial court's denial of the county's motion for summary judgment was affirmed by the Court of Appeals.

On appeal regarding a summary judgment denial, the court assesses if genuine issues of material fact exist and whether the trial court correctly applied the law. Municipalities have immunity from liability for claims related to discretionary functions, as stated in Minn. Stat. 466.03, subd. 6 (1986). Discretionary acts are immune, while ministerial acts are not; previous tests focused on whether actions were planning or operational decisions. However, recent Minnesota Supreme Court rulings have refined this standard. 

In Nusbaum v. State, the court determined that placing a speed zone sign is not a discretionary function. Conversely, in Chabot v. City of Sauk Rapids, the court found that a city's decision not to upgrade a drainage system was immune, although immunity was waived due to the purchase of liability insurance. The court criticized simplistic labels of government actions as operational or planning. It established that immunity applies to government actions that involve policy-making influenced by social, political, or economic considerations, distinguishing these from professional or scientific judgments.

In evaluating whether a decision to install guardrails is a policy-making or professional decision, the Nusbaum standard must be applied. The manual indicates guardrail installation criteria, and the area of the accident qualifies for guardrail placement. However, the engineer indicated that no precise analytical method exists for determining guardrail necessity, suggesting discretion is involved. The manual also states that guardrails can create additional hazards, advocating for their minimal use, which reflects a policy of safety management. Ultimately, the decision to install barriers was viewed as a professional judgment based on safety considerations, not as a legislative policy-making decision, thus lacking discretionary immunity. The court affirmed the lower court’s decision.