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FETTIG v. WHITMAN

Civ. No. 9558.

285 N.W.2d 517 (1979)

Carole FETTIG and Harvey Fettig, Plaintiffs and Appellants, v. Frank WHITMAN, Whitman's Inc., a corporation, and Richard Sturn, Defendants and Appellees.

Supreme Court of North Dakota.

As Corrected on Denial of Rehearings July 13 and August 22, 1979.

Rehearing Denied September 26, 1979.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, and Christensen & Thompson, Bismarck, for plaintiffs and appellants; argued by Daniel J. Chapman and Maury C. Thompson, Bismarck.

Wheeler, Wolf, Wefald & Peterson, Bismarck, for defendants and appellees; argued by David L. Peterson, Bismarck.

SAND, Justice.

Carole Fettig was seriously injured as the result of a fall through an open stairwell in a house being constructed for her and her husband. The district court, following the submission of evidence by the parties at trial, entered an order dismissing the general contractor from the subsequent action brought by the Fettigs. The Fettigs appealed from the order of dismissal asserting the general contractor was vicariously liable for the negligence of the...

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