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HOUSER v. GILBERT

Civ. Nos. 10999, 11000 and 11019.

389 N.W.2d 626 (1986)

Glennice L. HOUSER, individually and as surviving wife of Russell M. Houser, deceased; Patrick S. Houser and Nichole A. Houser, by their next friend, Glennice L. Houser, Plaintiffs, v. Timothy J. GILBERT, Harlin Fraedrich, d/b/a Fraedrich Trucking Co., and Mike Brakke, Defendants and Third-Party Plaintiffs, v. Paul BRAKKE, Steven Brakke and Donald Brakke and Virgil Torgerson, Third-Party Defendants, and Carriers Insurance Company, Intervenor, and Mike Brakke, Third-Party Plaintiff, and Austin Mutual Insurance Company, Third-Party Defendant and Fifth-Party Plaintiff, and Paul BRAKKE, Steven Brakke and Donald Brakke, Third-Party Defendants and Fourth-Party Plaintiffs, v. AUSTIN MUTUAL INSURANCE COMPANY, Fifth-Party Plaintiff and Appellee, v. TRI-STATE MUTUAL INSURANCE COMPANY OF MINNESOTA, Fifth-Party Defendant and Appellant, and Milbank Insurance Company, Fifth-Party Defendant, Appellant and Appellee.

Supreme Court of North Dakota.

June 19, 1986.

Attorney(s) appearing for the Case

Dosland, Dosland & Nordhougen, Moorhead, Minn., for Austin Mut. Ins. Co.; argued by J.P. Dosland.

Serkland, Lundberg, Erickson, Marcil & McLean, Fargo, for Tri-State Mutual Insurance and Milbank Ins.; argued by Paul F. Richard.

Cahill, Jeffries & Maring, Moorhead, Minn., for Tri-State Mut. Ins. Co.; Steven J. Cahill submitted on brief.

Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, Minn., for Milbank Ins. Co.; Paul E. Grinnell and Barry P. Hogan submitted on brief.

MESCHKE, Justice.

Three insurance companies seek review of the apportionment of their responsibilities for a judgment against their common insureds in a wrongful death action, which arose out of a truck collision. We affirm the trial court in part and reverse in part.

The Brakke family, while trucking sugarbeets from an adjacent field, deposited mud and dirt on the highway. A light rain exacerbated slippery conditions, causing Timothy Gilbert to lose control...

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