01/25/1990 - Laserfiche WebLink

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2 -Mounds viewlNew Brioton/Shoreview/Arden Hills Focus Newspapers—Wed., i Dr. owning victimIsfamily will. sue Roseville, DNR The parents of a 4 -year-old RoseviIIe boy who drowned in Central Park last May intend to sue the, city and the state Department of Natural Resources. A claim wast served on the city last month, on behalf of 'Joseph and Elaine Lee by Minneapglis attorney Joseph Lulic. A pier from which the boy is believed to have fallen was un- safe, the claim states. ` Their son; Adam Joseph Lee, drowned the evening of May 20 in Bennett Lake- He apparently wandered away from park playground equipment adjacent to the back yard.of his fami- ly's home at 1033 Brook&Ave., Roseville. . His body was recovered about 11 p.m. from the west end of the lake following a search of the park by police officers, firefighters and hundreds of volunteers. "It's my own feeling that it wouldn't have had to be that' way,", Joseph Lee said. ".That pier is a public nuisance from a parent's point of view. I know that pier was designed pri- marily with handicapped and elderly people in mind." "I know the flip side is that people are going to say a child should have more supervision in the park," Lee said. "I think a. prudent jury is going to say there should be more safe- guards for children_"_. - - The notice sent to the city and DNR contains similar asser- tions.: "The dock -fishing pier is an attractive7 nuisance and dangerous to children," it states. The document attributes the boy's death to "the improper design, construction and maintenance of the dock -fishing pier." Such claims are the first step in filing a lawsuit. Lulic con- firmed that he expects to file the Lees' suit in Ramsey County District Court within about 30 days. City Attorney Robert Bell said he had not seen the notice and could not comment on it. Public- bodies-.t"ypically refer such claims to their insurance carriers. The notice asks for damages "in'excess of $54,000," a fig- ure required under state Iaw. A jury could be asked to award a specific amount if the suit should go to trial.