Ramsey Barton v. City of Valdez

Summary

The court held that discretionary function immunity does not protect a municipality's failure to remove a known, unauthorized, easily accessible, and hazardous tire swing when removing it would not implicate policy considerations. Because the superior court incorrectly characterized the relevant decision as whether to inspect or maintain undeveloped parkland generally, the court reversed and remanded. The court did not decide whether immunity would apply if the City lacked notice of the swing's existence.