FELCHLE v. MEDINA CHEESE CO.

Civ. No. 10238.

329 N.W.2d 619 (1983)

Foster FELCHLE, individually and as Special Administrator of the Estate of Fred H. Felchle, deceased, and Charlene Koble, Plaintiffs and Appellants, v. MEDINA CHEESE CO., BMJ Trucking, and Larry W. Christmas, Defendants and Appellees.

Supreme Court of North Dakota.

February 10, 1983.


Attorney(s) appearing for the Case

Sperry & Erickson, Bismarck, for plaintiffs and appellants; argued by Alan Erickson, Bismarck.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendants and appellees; appearance by Steven A. Storslee, Bismarck.

Richard B. Baer, Baer & Asbridge, Bismarck, amicus curiae; argued by Richard B. Baer.


ERICKSTAD, Chief Justice.

The facts in this case are not in dispute and thus can be briefly summarized. On June 15, 1981, a two-vehicle automobile accident occurred in which Fred H. Felchle was killed. Fred Felchle was a passenger in the car driven by Hilda Felchle. The other vehicle involved in the collision was driven by the defendant, Larry W. Christmas, allegedly an employee of co-defendants Medina Cheese Company and B.M.J. Trucking.

Foster Felchle and...

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