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CALAVERA v. VIX

Civ. No. 10738.

356 N.W.2d 901 (1984)

Richard V. CALAVERA, Plaintiff and Appellant, v. Lyndon W. VIX, Defendant and Appellee.

Supreme Court of North Dakota.

October 30, 1984.

Attorney(s) appearing for the Case

Teevens, Johnson & Montgomery, Minot, for plaintiff and appellant; argued by Bruce Montgomery, Minot.

Kenner, Halvorson & Sturdevant, Minot, for defendant and appellee; argued by Harris P. Kenner, Minot.

SAND, Justice.

Calavera appeals from a summary judgment dismissing his action against Vix. We reverse and remand for a trial on the merits.

Calavera filed an action for damages alleging that he sustained injuries in a car accident which was caused by Vix's negligence. The district court entered a summary judgment dismissing Calavera's action on the ground that Calavera failed to meet the $1,000 medical expense threshold under the North Dakota Auto Accident...

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