August 2022 - Parks & Recreation - 31

preciable extent of the nature of a
deliberate and intentional wrong. "
In the opinion of the federal district
court, the following allegations
had merely established " Storm's
claims against the City are in the
nature of negligence claims " :
[T]he City's laxity in collecting
and keeping information on sledding
injuries or policing activity at
the Hill, the City's failure to post a
warning sign or a no sledding sign,
and the City's alleged failure to
take other steps to effectively close
or communicate the closure of the
south side of the Hill to sledding.
As a result, the court held the following
evidence in this case " does
not support a claim that the City engaged
in willful or wanton misconduct
or acted with conscious realization
that serious physical injury was
a probable result of that conduct " :
The City's failures to install no
sledding or warning signs on the
south side of the Hill, or otherwise
more effectively close the Hill to
sledding, as a matter of law are not
of the nature of a deliberate and intentional
wrong necessary to satisfy
the " gross negligence " standard set
by South Dakota law to maintain
this action against the City.
While " the drainage ditch may
have posed an unreasonable risk, "
the court similarly determined the
City had not engaged in willful or
wanton misconduct because the
drainage ditch " did not pose an easily
perceptible danger of death or
substantial physical harm that was
probable rather than possible. " In
reaching this conclusion, the court
took particular note of " the dearth
of evidence that anyone suffered injuries
from sledding over that drainage
ditch in the last [30] years. "
Conclusion
Having found the state recreational
use statute precluded any alleged
liability for negligence or gross
negligence under the circumstances
of this case, the federal district
court ordered the City's motion
for summary judgment be granted,
dismissing Storm's lawsuit.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Professor
emeritus in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Webpage link to an archive of articles (1982 to present):
mason.gmu.edu/~jkozlows/lawarts/artlist.htm.
PARK S ANDRECRE AT ION . OR G | A UGUS T 2 0 22 | Parks & Recreation
31
https://mason.gmu.edu/~jkozlows/lawarts/artlist.htm https://www.nrpa.org/bioblitz

August 2022 - Parks & Recreation

Table of Contents for the Digital Edition of August 2022 - Parks & Recreation

August 2022 - Parks & Recreation - Intro
August 2022 - Parks & Recreation - Cover1
August 2022 - Parks & Recreation - Cover2
August 2022 - Parks & Recreation - 1
August 2022 - Parks & Recreation - 2
August 2022 - Parks & Recreation - 3
August 2022 - Parks & Recreation - 4
August 2022 - Parks & Recreation - 5
August 2022 - Parks & Recreation - 6
August 2022 - Parks & Recreation - 7
August 2022 - Parks & Recreation - 8
August 2022 - Parks & Recreation - 8a
August 2022 - Parks & Recreation - 8b
August 2022 - Parks & Recreation - 9
August 2022 - Parks & Recreation - 10
August 2022 - Parks & Recreation - 11
August 2022 - Parks & Recreation - 12
August 2022 - Parks & Recreation - 13
August 2022 - Parks & Recreation - 14
August 2022 - Parks & Recreation - 15
August 2022 - Parks & Recreation - 16
August 2022 - Parks & Recreation - 17
August 2022 - Parks & Recreation - 18
August 2022 - Parks & Recreation - 19
August 2022 - Parks & Recreation - 20
August 2022 - Parks & Recreation - 21
August 2022 - Parks & Recreation - 22
August 2022 - Parks & Recreation - 23
August 2022 - Parks & Recreation - 24
August 2022 - Parks & Recreation - 25
August 2022 - Parks & Recreation - 26
August 2022 - Parks & Recreation - 27
August 2022 - Parks & Recreation - 28
August 2022 - Parks & Recreation - 29
August 2022 - Parks & Recreation - 30
August 2022 - Parks & Recreation - 31
August 2022 - Parks & Recreation - 32
August 2022 - Parks & Recreation - 33
August 2022 - Parks & Recreation - 34
August 2022 - Parks & Recreation - 35
August 2022 - Parks & Recreation - 36
August 2022 - Parks & Recreation - 37
August 2022 - Parks & Recreation - 38
August 2022 - Parks & Recreation - 39
August 2022 - Parks & Recreation - 40
August 2022 - Parks & Recreation - 41
August 2022 - Parks & Recreation - 42
August 2022 - Parks & Recreation - 43
August 2022 - Parks & Recreation - 44
August 2022 - Parks & Recreation - 45
August 2022 - Parks & Recreation - 46
August 2022 - Parks & Recreation - 47
August 2022 - Parks & Recreation - 48
August 2022 - Parks & Recreation - 49
August 2022 - Parks & Recreation - 50
August 2022 - Parks & Recreation - 51
August 2022 - Parks & Recreation - 52
August 2022 - Parks & Recreation - 53
August 2022 - Parks & Recreation - 54
August 2022 - Parks & Recreation - 55
August 2022 - Parks & Recreation - 56
August 2022 - Parks & Recreation - Cover3
August 2022 - Parks & Recreation - Cover4
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https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
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https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
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