ST. PAUL, Minnesota — The Minnesota Court of Appeals says a father's lawsuit can proceed against the city of Stillwater in the death of his son who swam in Lily Lake.
The appeals court Monday reversed a lower court dismissal of the wrongful death case.
Jack Ariola Erenberg was 9 when he died of a rare brain infection two years ago after swimming in the lake.
The St. Paul Pioneer Press (http://bit.ly/10vI5Gj ) reports the appeals court ruled the boy's father, Jim Ariola, has sufficiently pleaded a "concealed danger case."
An attorney for Stillwater says the city has 30 days to decide whether to petition the Minnesota Supreme Court to review the decision.
The boy's death came two years after a 7-year-old Stillwater girl died of the same disease after swimming in Lily Lake.
Information from: St. Paul Pioneer Press, http://www.twincities.com