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McGARRY v. SKOGLEY

Civ. No. 9509.

275 N.W.2d 321 (1979)

Patrick T. McGARRY, Plaintiff and Appellant, v. David Brian SKOGLEY and Gerald M. Skogley, Defendants and Appellees.

Supreme Court of North Dakota.

February 1, 1979.

Attorney(s) appearing for the Case

Mack, Moosbrugger, Ohlsen & Dvorak, Grand Forks, for plaintiff and appellant; argued by Richard A. Ohlsen, Grand Forks.

Vaaler, Gillig, Warcup, Woutat & Zimney, Grand Forks, for defendants and appellees; argued by Thomas L. Zimney, Grand Forks.

PEDERSON, Justice.

McGarry's lawsuit against Skogley was dismissed after a jury found that he suffered no "serious injury" when his Chevrolet van was rear-ended by Skogley's Buick convertible. The appeal of the dismissal raises questions which are first impressions for this court under "no-fault" insurance.1 This case leads us to understand why some courts have found it necessary, when encountering difficulties with no-fault cases, to...

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