The Minnesota Supreme Court denied requests Jan. 20 to review the lawsuit against Stillwater, Washington County and the Minnesota Department of Health over the death of Jack Ariola Erenberg.
Jack died at age 9 of a rare amoebic infection, known as primary amoebic meningocephalitis, after swimming in Lily Lake in Stillwater. His death came two years after the death of 7-year-old Annie Bahneman, who also contracted the disease after swimming in several bodies of water, including Lily Lake.
Jack’s father, James Ariola, sued the city, county and state, saying they knew about the danger and had a responsibility to warn the public.
Tenth District Court Judge Susan Miles dismissed the lawsuit in December 2013, noting in a memorandum that recreational immunity bars lawsuits in such cases in order to promote the development of areas open to the public for enjoyment without leaving state and local governments responsible for naturally occurring issues.
“Governmental immunity, when applicable in any of its several forms, is an absolute bar to suit,” Miles’ memo stated.
Roger Strassburg, James Ariola’s attorney, believes the case fits an exception to the recreational immunity law.
In an unpublished opinion, issued Oct. 27, a three-judge appeals court panel consisting of Natalie Hudson, Larry Stauber and Michael Kirk overturned Miles’ ruling with respect to the city, but upheld her ruling regarding the county and state.
Both Ariola and the city of Stillwater requested the Supreme Court review the case. Ariola hoped to continue his suit against the county and state. The city hoped Miles’ ruling would be upheld and the case dismissed entirely.
The Supreme Court denied both requests for review.
The case against the city now goes back to district court, where it will proceed toward trial.
“We’re of course very disappointed in what the Supreme Court did in allowing the county to escape accountability for its actions,” Strassburg said. “We think that was the wrong decision by the Supreme Court, but we respect the court, and we’re looking forward to holding the city accountable for Jack’s death in the trial court.”
Based on the appeals court’s ruling, in order to win its case, Ariola and Strassburg must “prove to a factfinder that Jack’s death was caused by (1) an artificial condition that was (2) created or maintained by the city and that (3) the city knew that the condition was likely to cause death or serious bodily harm.”
Strassburg expects it will be about a year before the case makes its way to trial.
Pierre N. Regnier, the lawyer representing the city, was not immediately available for comment.
Contact Jonathan Young at jonathan.young@ecm-inc.com