Isler v. Burman
| Decision Date | 05 September 1975 |
| Docket Number | No. 45114,45114 |
| Citation | 232 N.W.2d 818,305 Minn. 288 |
| Parties | Elizabeth ISLER, a Minor, by Jack Isler, Her Father and Natural Guardian, and Jack Isler, Individually, Respondents, v. Darrell BURMAN et al., Respondents, Constance Evangelical Free Church, Appellant. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
1(a). In a cause of action arising prior to our decision in Peterson v. Balach, 294 Minn. 161, 199 N.W.2d 639 (1972), the trial court did not err in instructing the jury that defendant church owed to plaintiff the duties of a possessor of land with respect to the land on which plaintiff was injured. The evidence showed that the church had planned the snowmobile party at which plaintiff was injured, had invited the people who brought snowmobiles, had received permission from the owner to use the land for the party, had assumed the duty of inspecting the land to determine if it was free from hazards which would cause danger to those involved in snowmobiling, and had assured those involved that the party would be supervised and chaperoned by the church.
(b). The trial court correctly instructed the jury that one who undertakes to make an inspection of land for conditions which may be dangerous assumes the duty of making an adequate inspection and discovering those conditions which are discoverable by such reasonable inspection.
2. Defendant church is not entitled to a new trial on the grounds that its pastor, on two different occasions during croxx-examination, had voluntarily testified that the church carried liability insurance.
Stringer, Donnelly, Courtney, Cowie & Rohleder and Charles A. Flinn, Jr., St. Paul, for appellant.
Robert W. Gislason, Edina, for Isler.
Babcock, Locher, Neilson & Mannella and Richard A. Beens, Anoka, for Burman, and others.
Heard before OTIS, PETERSON, and MacLAUGHLIN, JJ., and considered and decided by the court en banc.
This is an action to recover damages for personal injuries sustained by plaintiff Elizabeth Isler arising out of a snowmobile accident which occurred on New Year's Eve, December 31, 1969. The plaintiffs are Elizabeth Isler, a minor, by her father, Jack Isler, and Jack Isler, individually. Defendants are the Constance Evangelical Free Church, which sponsored the snowmobile party that Elizabeth was attending when she was injured; Darrell Burman, the driver of the snowmobile on which Elizabeth was riding; and Earl Burman, the owner of the snowmobile. The jury returned a verdict in which it found that defendant church was negligent; that defendant Darrell Burman was not negligent; and that Elizabeth Isler had not assumed the risk of the accident in riding on the snowmobile. 1 The jury awarded damages of $40,000 to Elizabeth and $1,066 to her father. Defendant church appeals from the judgment and from an order denying its motion for a new trial or for judgment n.o.v. We affirm.
Defendant Constance Evangelical Free Church (the church), located north of Anoka, Minnesota, sponsored a snowmobile party for members of its youth group and their invited guests on the evening of December 31, 1969. The responsibility for organizing and supervising the party had been delegated by the church to Rodney Erickson, who was employed by the church as its youth director. Elizabeth Isler, who was then 15 years old, attended the party as the guest of a member of the youth group.
In making arrangements for the party, Rodney Erickson had contacted Orville Aasness and had obtained permission to use the Aasness farm for the party. The day of the party Erickson went to the Aasness farm and generally inspected the various trails that were on the property. Erickson, however, never saw the exact spot where Elizabeth was injured, although he did look over the open field in which the accident occurred. On cross-examination, Erickson testified that the purpose of the inspection was to determine whether there were any hazards or dangers in the area where the snowmobiling was to take place.
On the night of the accident, the youth group met at the church for a prayer service. After the service, the group went to the Aasness farm. The group was not given any specific warnings although they were told to be careful. When the group arrived at the farm, it was dark and snowing lightly. When the snowmobiles started out, Rick Aasness, a member of the group who was familiar with the trails, led the way. Rodney Erickson, the youth director, was on the last snowmobile in the column of snowmobiles. Elizabeth rode as a passenger on a snowmobile driven by defendant Darrell Burman, who was then 18 years old. After Darrell and Elizabeth had been on the trail for about 20 minutes, they encountered a ditch that intersected the trail at right angles. Elizabeth was injured when the snowmobile went across the ditch and her body was suddenly thrust forward and then thrown back into a bar on the rear portion of the snowmobile. The ditch was about 4 feet wide and was variously described as from 1 to 3 feet deep. The ditch was on the established trail, and apparently several other snowmobiles had crossed the ditch that night without incident.
Defendant Darrell Burman testified that prior to the accident he had been traveling at 10 to 15 miles per hour and that as he approached the ditch he slowed down so that, as he went through the ditch, he was going 5 to 6 miles per hour. After he crossed the ditch, he turned to see if Elizabeth was all right and at that time he found she was injured.
Elizabeth testified that prior to the accident the snowmobile had been traveling at 40 to 45 miles per hour, but she acknowledged that at an earlier deposition she had stated that the snowmobile had been traveling at speeds up to 60 to 70 miles per hour. She also testified that Darrell did not slow down at all before entering the ditch.
Elizabeth suffered a compression fracture of the first lumber vertebra in which the bone was crushed to 50 percent of its normal size. The disc above the fracture was narrowed to 25 percent of normal, and the disc between the last thoracic vertebra and the first lumber vertebra was narrowed and damaged. The crushing of the vertebra resulted in a permanent reversal of the angulation of the spine. Elizabeth also suffered a paralytic ileus which affected control of the bowels and bladder for several days after the accident. Elizabeth's back injuries are permanent, and she has a 15-percent permanent partial disability of the spine. Elizabeth occasionally wears a back brace and has had considerable pain and discomfort, and her activities have been substantially restricted since the accident.
The party at which Elizabeth was injured was planned by the church, and the people who brought snowmobiles were invited to do so by the church. While the record is not entirely clear, it appears that Erickson had assured the owners and operators of the snowmobiles that the trail had been laid out and inspected and that it was free from hazards and dangers. Members of the church were informed in advance of the party that it would be chaperoned and supervised by the church, and plaintiff Jack Isler gave Elizabeth permission to attend the party only after being informed that the party was to be sponsored, supervised, and chaperoned by the church.
A number of issues have been raised by the church on appeal.
1(a). The church argues that the trial court erred in imposing on it the duties of a possessor of land. 2 The trial court, in the following language, instructed the jury concerning the special duty of care owed by the owner or occupier of land to an invitee:
This instruction is based on Restatement, Torts 2d, § 343, and...
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