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BELLEMARE v. GATEWAY BUILDERS, INC.

Civ. No. 11335.

399 N.W.2d 308 (1987)

Daniel BELLEMARE, Plaintiff, v. GATEWAY BUILDERS, INC., and Anton Rutten, Defendants.

Supreme Court of North Dakota.

January 20, 1987.

Attorney(s) appearing for the Case

Dosland, Dosland, Nordhougen, Lillehaug & Johnson, Moorhead, for plaintiff; argued by Colleen J. Saande.

Greenberg, Colosimo & Patchin, Virginia, for defendant Anton Rutten; argued by John D. Colosimo; Mark Weir present.

LEVINE, Justice.

We are asked to answer a certified question concerning the duty of care owed by a lessor to a lessee. We decline to do so.

Daniel Bellemare leases farm land, including three grain bins, from Anton Rutten. Bellemare fell from a ladder attached to one of the bins and sued Rutten to recover for the injuries he sustained as a result of Rutten's allegedly negligent maintenance of the bin. Rutten moved for summary judgment on the ground that he...

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