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STAROBA v. HEITKAMP

Civ. No. 10414.

338 N.W.2d 640 (1983)

Carol STAROBA, Individually and as surviving wife of Arlyn Staroba, deceased, Plaintiff and Appellant, v. Richard Paul HEITKAMP, Jerome Heitkamp, Joan Heitkamp, Don Heitkamp, Larry Heitkamp, and Jerry Heitkamp, Defendants and Appellees.

Supreme Court of North Dakota.

October 3, 1983.

Attorney(s) appearing for the Case

Wegner, Fraase, Nordeng & Johnson, Fargo, for plaintiff and appellant; argued by Mervin D. Nordeng, Fargo.

Cahill Law Office, Moorhead, Minn., for Jerome and Joan Heitkamp; argued by Steven L. Marquart, Moorhead, Minn.

Gunhus, Grinnell, Jeffries, Klinger, Vinje & Swenson, Moorhead, Minn., for Richard Heitkamp; no appearance.

Tenneson, Serkland, Lundberg, Erickson & Marcil, Fargo, for Don, Larry, and Jerry Heitkamp; no appearance.

ERICKSTAD, Chief Justice.

The only issue on appeal in this case is whether or not, as a matter of law, defendant Jerome Heitkamp is liable under the Family Car Doctrine for the negligent operation of a vehicle by his son, Richard. The plaintiff, Carol Staroba, brought this action against the defendants seeking damages for the wrongful death of her husband when the car he was driving collided with a 1973 Chevrolet pickup driven by defendant, Richard Heitkamp, on January...

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