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LANGE v. CUSEY

Civ. No. 10962.

379 N.W.2d 775 (1985)

Dorothy M. LANGE and Leslie E. Lange, Plaintiffs and Appellees, v. Howard F. CUSEY, Defendant and Appellant.

Supreme Court of North Dakota.

December 18, 1985.

Attorney(s) appearing for the Case

Mackenzie, Jungroth, Mackenzie & Reisnour, Jamestown, for plaintiffs and appellees; argued by James R. Jungroth.

Mack, Moosbrugger, Ohlsen & Dvorak, Grand Forks, for defendant and appellant; argued by John H. Moosbrugger.

LEVINE, Justice.

Howard F. Cusey appeals from orders granting Dorothy M. Lange and Leslie E. Lange a new trial and rescinding a release. We affirm the order granting a new trial, modify the award of damages and reverse the rescission order.

This case arises from an automobile accident in which Cusey's truck collided with the rear end of the car Dorothy Lange was driving. The Langes sued Cusey alleging that Dorothy's injuries and Leslie's loss of consortium...

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