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Perez v. Metropolitan District Commission

Wrongful death action following the decedent drowning while swimming in an undesignated area at Lake McDonough, owned by the defendant. The court held that summary judgment based on governmental immunity was proper because: (1) making changes to the policies is insufficient to demonstrate a ministerial duty; (2) an adverse influence due to defendant losing the manual containing the changes is insufficient in the absence of concrete evidence to create a genuine issue of material fact; and (3) the identifiable, victim imminent harm exception is inapplicable because no employee of the defendant observed the decedent or his group swimming.