SIOUX FALLS, S.D. (AP) — The city of Sioux Falls is asking a judge to dismiss a lawsuit filed after a 5-year-old girl from Audubon drowned in the Big Sioux River at Falls Park. Attorneys last year filed a federal lawsuit against the city on behalf of Courtney Jayne, the mother of Maggie Zaiger. Zaiger fell into the river from river bank rocks on March 18, 2018, during a family trip to the park.

The Argus Leader reports attorneys representing the city argue that officials responsible for park safety did not breach their duty. The lawsuit alleges the city had ignored recommendations to put up barriers to more clearly distinguish where the rock ends and the water starts.

Officials have since installed viewing platforms and walkways with railings to improve safety.