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GERTKEN v. STATE

No. C8-92-768.

493 N.W.2d 290 (1992)

Catherine M. GERTKEN, individually and as Trustee of the Next of Kin of Serena M. Gertken and Denis H. Gertken, Respondent, v. STATE of Minnesota, Appellant.

Court of Appeals of Minnesota.

Review Denied February 9, 1993.

Attorney(s) appearing for the Case

Gerald W. Von Korff, Thomas E. Kiernan, Rinke-Noonan, St. Cloud, for respondent.

Hubert H. Humphrey, III, Atty. Gen., James S. Alexander, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Considered and decided by NORTON, P.J., and HUSPENI and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

Respondent Catherine Gertken alleged in two wrongful death claims that a state licensing inspector provided negligent advice concerning the safety of her home's ventilation system. Conditions existing at the time of the inspection later resulted in carbon monoxide poisoning in her home. Appellant State of Minnesota moved to dismiss her complaint, maintaining that it was barred by the state's licensing immunity.

The trial court...

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