Mother of minor, who died in a motorized watercraft accident in a lake managed in part by city, filed a complaint against city claiming they negligently failed to take measures to ensure safe operation of motorized watercraft on lake.
City filed a motion for summary judgment based on discretionary function immunity. The Superior Court granted city summary judgment and mother appealed.
The Supreme Court held that the city’s decision not to regulate safety on the lake was protected by discretionary function immunity.
The city’s decision not to regulate safety on the lake was protected by discretionary function immunity, and thus city was not liable to mother of minor who died in a motorized watercraft accident in lake managed in part by city; the State did not require city to regulate lake safety, city’s ordinances at the time of minor’s death did not address lake safety, and city’s land use plans did not address lake safety.