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MAROHL v. OSMUNDSON

Civ. No. 900131.

462 N.W.2d 145 (1990)

David V. MAROHL and Shannon Marohl, husband and wife, Plaintiffs and Appellants, v. Jeff L. OSMUNDSON, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied December 17, 1990.

Attorney(s) appearing for the Case

Dan D. Plambeck of Stefanson, Landberg & Plambeck, Moorhead, for plaintiffs and appellants.

Carlton J. Hunke of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendant and appellee.

VANDE WALLE, Justice.

This appeal follows from the trial court's order denying the appellants' motion for a new trial. We affirm.

On December 19, 1986, at approximately 8:00 p.m., a vehicle driven by Jeff L. Osmundson struck a pedestrian, David Marohl, as Marohl was attempting to cross Dakota Avenue at Third Street in Wahpeton, North Dakota. Dakota Avenue is a four-lane thoroughfare which runs east and west. The two-way traffic on Dakota Avenue is divided...

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