Parents filed negligence and loss of consortium action against city after mother slipped while assisting youngest child on residential playground at park.
The District Court granted city’s motion for summary judgment on grounds of recreational use immunity. Parents appealed, and the Court of Appeals reversed and remanded. City petitioned for review, which was granted.
The Supreme Court held that:
- Playground fell within protections of the recreational use statute;
- Mother was engaged in a recreational activity, within meaning of recreational use statute; and
- City did not willfully or maliciously fail to guard against the dangerous condition of park’s playground surface.