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to safely and properly maintain the utility pole, roadway, or surrounding areas and <br />lands. <br />X. <br />That on or about October 2, 2004, at approximately 11:15 p.m., Kristin Lorenz <br />was driving the 2000 Pontiac Grand Am owned by her parents and was proceeding in <br />generally a westbound direction on CSAH 33 in the City of Elk River, County of <br />Sherburne, State of Minnesota. <br />XI. <br />That at the above-referenced time and while proceeding through a curved <br />section of CSAH at a point approximately 1012 feet east of the intersection with Watson <br />Street, the vehicle driven by Kristin Lorenz was caused to leave the roadway and collide <br />with the subject utility pole which was located on the north side of the roadway. <br />XII. <br />That Kristin Lorenz died as a result of the traumatic injuries sustained in the <br />collision with the utility pole, and that her wrongful death was a direct and proximate <br />result of the actions and inactions of the Defendants in failing to properly and safely <br />place the subject utility pole in relation to the roadway, in failing properly and safely <br />design the highway and adjacent lands, in failing to utilize safe and proper guarding and <br />barricades, in failing to utilize safe and proper traffic signals, markings and signage, and <br />in failing to ensure the proper and safe construction, inspection, replacement, <br />restoration, repair and maintenance of the subject pole, guarding, signage, and the <br />roadway and surrounding lands. <br />4 <br />