Is county engineer decision not to mark culvert exempt from liability under discretionary immunity? Olmanson v. LeSueur County et al. (Minn. App. A03-629) (January 13, 2004). Decision by county engineer to leave culvert under county highway without warning sign is not protected from suit by injured snowmobiler by the discretionary immunity exception. While county produced affidavits of engineers affirming county’s practice of not marking such culverts, this is not enough to prove adoption of a policy through a deliberative process. Although a written policy is not necessary to qualify for discretionary immunity protection, there must be detailed evidence of how and why the county made a particular policy decision, including specific facts considered. Full text of ruling
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