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JACOBS v. ANDERSON BLDG. CO.

Civ. No. 870222.

430 N.W.2d 558 (1988)

Bonnie JACOBS and Kevin Grosz, each individually and as natural parents and guardians for Jennifer Grosz, a minor child, Plaintiffs and Appellants, v. ANDERSON BUILDING COMPANY, a North Dakota corporation, and Herman Eggers, and Inclinator Company of America, Defendants and Appellees. and Herman EGGERS, Defendant, Third Party Plaintiff and Appellee, v. DAKOTA ACADEMY FOR THE ARTS, Third Party Defendant and Appellee.

Supreme Court of North Dakota.

Petition for Rehearing October 18, 1988.

Attorney(s) appearing for the Case

Lundberg, Nodland, Lucas, Schulz & Lervick, P.C., Bismarck, for plaintiffs and appellants; argued by Thomas A. Dickson.

Zuger, Kirmis, Bolinske & Smith, Bismarck, for appellee Herman Eggers; argued by Michael G. Fiergola. Appearance by Patrick J. Ward.

Pearce & Durick, Bismarck, for appellee Inclinator Co. of America. Appearance by Joel W. Gilbertson. Submitted on briefs.

Bickle, Coles & Snyder, Bismarck, for appellee Dakota Academy for the Arts. Appearance by Robert J. Snyder. Submitted on briefs.

Tschider & Smith, Bismarck, for appellee Anderson Bldg. Co. Appearance by David A. Tschider. No briefs filed.

MESCHKE, Justice.

Bonnie Jacobs and Kevin Grosz appealed from dismissal of their claims for damages for their loss of consortium and for their emotional distress stemming from injury to Jennifer Grosz, their thirteen-year-old daughter. We reverse.

Jennifer attended dance classes on the third floor of a building in downtown Bismarck. On November 3, 1986, Jennifer and a friend left dance class early. They walked down to the second floor, where they rode an elevator...

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