021554P.pdf   04/10/2003  Robert Reimer  v.  City of Crookston
   U.S. Court of Appeals Case No:  02-1554
   District of Minnesota   
   Civil case - torts. The district court erred in granting the city 
   and school district's motion for summary judgment on plaintiff's 
   claim that they breached their duty to warn him of the dangers 
   presented by a corroded boiler, as there was sufficient evidence 
   to create a jury issue under Restatement, Torts (2d) s 343A as 
   to whether the district and city should have anticipated the harm 
   despite the obviousness of the condition; under Minnesota law, 
   the inquiry as to whether plaintiff assumed the risk of injury 
   is a particularized and fact-intensive inquiry and there is a 
   genuine issue of fact in this case as to whether he assumed this 
   risk; neither the service company for the boiler nor the manufacturer 
   of chemicals used in the system owed plaintiff any legal duty, 
   and the district court did not err in granting their motions for 
   summary judgment.