KITTO v. MINOT PARK DISTRICT

Civ. No. 9030.

224 N.W.2d 795 (1974)

Virginia L. KITTO, as surviving mother of Jeffrey Kitto, Deceased, and as special administrator of his Estate, Plaintiff/Appellant, v. MINOT PARK DISTRICT, Defendant/Appellee.

Supreme Court of North Dakota.

Rehearing Denied December 30, 1974.


Attorney(s) appearing for the Case

Pringle & Herigstad, P. C., Minot, for plaintiff/appellant.

Bosard, McCutcheon, Kerian, Schmidt & Holum, Ltd., Minot, for defendant/appellee.

Allen I. Olson, Atty. Gen., and Gerald W. Vande Walle, Asst. Atty. Gen., Bismarck, amicus curiae.


JOHNSON, Judge.

Jeffrey Kitto, age 12, was rescued from drowning in a duck pond within Theodore Roosevelt Park in the City of Minot, on June 25, 1970. However, as a result of his near-drowning, Jeffrey remained in a coma for some twenty months and subsequently died. His mother brought action against the Minot Park District for damages, consisting of medical and funeral expenses, loss of services and companionship, pain...

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