MADLER v. McKENZIE COUNTY

Civ. No. 900335.

467 N.W.2d 709 (1991)

Daniel MADLER, Plaintiff and Appellant, v. McKENZIE COUNTY, Defendant and Appellee.

Supreme Court of North Dakota.

March 19, 1991.


Attorney(s) appearing for the Case

Greenwood, Greenwood & Greenwood, P.C., Dickinson, for plaintiff and appellant; argued by Dann E. Greenwood.

Fleck, Mather & Strutz, Bismarck, for defendant and appellee; argued by Daniel L. Hovland.


LEVINE, Justice.

Daniel Madler appeals from a summary judgment dismissing his lawsuit for damages against McKenzie County. We reverse and remand for a trial on the merits.

Madler was injured when he fell 37 feet to the ground from a scaffold while working on a bridge construction project in McKenzie County. At the time of the accident, Madler was an employee of Edward H. Schwartz Construction, Inc. (Schwartz). Schwartz had contracted with the North Dakota...

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