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BUTZ v. WERNER

Civ. No. 870336.

438 N.W.2d 509 (1989)

Charles BUTZ, Jr., Plaintiff, Appellee and Cross-Appellant, v. Jack A. WERNER, Defendant, Appellee and Cross-Appellee, and World Wide, Inc., a Minnesota corporation, and Cass Oil Co., a North Dakota corporation, Defendants, Appellants and Cross-Appellees.

Supreme Court of North Dakota.

March 21, 1989.

Attorney(s) appearing for the Case

Morley & Morley, Ltd., Grand Forks, for plaintiff, appellee, and cross-appellant; argued by Patrick R. Morley.

LaRoy Baird III (argued), Bismarck, for defendant, appellee, and cross-appellee.

Cahill & Maring, P.A., Moorhead, Minn., for defendants, appellants, and cross-appellees; argued by Steven J. Cahill.

GIERKE, Justice.

Cass Oil Co. [Cass] and World Wide, Inc. [World] appeal from a district court judgment awarding damages to Charles Butz, Jr., for injuries he sustained while riding on a "Super Tube." We affirm.

On June 16, 1984, Butz was severely injured while riding a "Super Tube" which was sold and distributed by Cass and World. The Super Tube is a large, bright yellow inner tube with handles for the rider. The tube comes with a harness so that it may be...

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