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PATCH v. SEBELIUS

Civ. Nos. 10478, 10516.

349 N.W.2d 637 (1984)

Jonathan Carl PATCH, Plaintiff and Appellant, v. David SEBELIUS and Sherman Graber, d/b/a Graber Trucking, Defendants and Appellees, and Ray Hunter, Industrial Builders, Inc.,and Philip Stremick, d/b/a Philip N. Stremick Construction, Defendants and Appellees.

Supreme Court of North Dakota.

May 10, 1984.

Attorney(s) appearing for the Case

Damon E. Anderson (argued) and Lloyd H. Noack, Grand Forks, for plaintiff and appellant.

No appearance or brief on behalf of defendants and appellees Sebelius and Graber.

E.T. Conmy III, of Nilles, Hansen, Magill & Davies, Fargo, for defendants and appellees Ray Hunter and Industrial Builders, Inc.

Jeffrey R. Hannig, of Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, Minn., for defendant and appellee Philip Stremick, d/b/a Philip N. Stremick Construction.

VANDE WALLE, Justice.

Jonathan Carl Patch appeals from the amended judgment of the District Court of Grand Forks County entered on July 21, 1983. We reverse and remand for a new trial.

This action arises out of a traffic collision which occurred in an area where bridge and road construction was being performed under contract with the State of North Dakota by defendants Industrial Builders, Inc., and Philip N. Stremick, doing business as Philip N. Stremick...

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