To the Editor:
In the Aug. 11 issue of the Record, it was reported that the case of Bernard Athmann was dismissed in Civil Court. Well, I think that the public should know why it was dismissed.
On March 10, the city plow hit our vehicle and plow, causing $2,300 in damages. The city plow hit a patch of ice hidden under the snow. The city is not liable under Minnesota law, because it was an act of nature. But if the situation would have been reversed and our plow would have hit the city plow under the same conditions, it would have been a different outcome, even though I didn’t know that the ice was under the snow, either.
Part of the memorandum from the court said, “The general rule is that a municipality is liable for the negligent acts of its agents and employees acting within the scope of their employment. … When weather is the true culprit, the government is immune.”
Here is another example of our city council and government at work. One set of laws for the government and another for the common people. So all drivers out there, if you see a city plow coming, beware. — Bernard Athmann, Little Falls