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This immunity is most often applied in slip and falls and automobile accidents where the presence of snow and ice was a contributing factor to the accident. Elements necessary for this immunity to apply: 1) claim must be based on snow and ice conditions on public highway or sidewalk; which does not abut the publicly owned building or parking lot. 1) What is a snow and ice condition? Issues to consider: • Duration (how long was condition present) • Characteristics of condition (glare ice, black ice, bumps, ridges; • Causation (was the condition a causal factor or did it contribute to the accident and injury). 2) "Mere Slipperiness" Doctrine: This is a common law or case law rule whereby the Minnesota appellate courts have held: "A city is not liable for the mere slipperiness resulting from the natural accumulation of ice and snow on streets and sidewalks. However, the rule has its exceptions and does not protect the city in the case where the accumulation of ice and snow is negligently permitted to remain for such a period of time as to cause the formation of `slippery and dangerous ridges, hummocks, depressions, and other irregularities that develop there.' Doyle v. City of Roseville, 524 N.W.2d 461 (Minn. 1994). 3) Condition not caused or created by city • Look to city plowing/snow removal policy /procedure. • What actually caused condition, i.e. drainage issues, freeze /refreeze? ■ Was the condition naturally caused or artificially (i.e. awnings, overhangs, drain pipes)? 4) Highway /sidewalk must not abut a publicly owned building or parking lot in order to assert the snow /ice immunity. • Check ownership of adjacent properties • Also check if lease /rental of adjacent property b. Statutory Discretionary Immunity Minn. Stat. § 466.03, (Subd. 6) Cities are immune from "any claim based upon the performance or failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused." This immunity is to protect policy or planning level decisions made by the city, not day -to -day or "operational" decisions. This policy or planning level decision must be based upon social, economic and political factors. The reviewing court analyzes the following factors to determine if immunity applies: • Budget • Personnel ■ Safety ■ Priority of other projects 3 25 •