EBACH v. RALSTON

Civ. No. 900365.

469 N.W.2d 801 (1991)

John EBACH and Joyce Ebach, Plaintiffs and Appellants, v. Robert R. RALSTON, Defendant, and The City of Minot, a municipal corporation, Defendant and Appellee.

Supreme Court of North Dakota.

May 7, 1991.


Attorney(s) appearing for the Case

Timothy J. Austin of Kelsch, Kelsch, Ruff & Austin, Mandan, for plaintiffs and appellants.

Cheryl L. Anderson of Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, Minn., for defendant and appellee.


LEVINE, Justice.

John Ebach and Joyce Ebach appeal from summary judgment in favor of the city of Minot. We affirm.

John Ebach was injured in December 1984 when a truck ran a stoplight and struck Ebach's car in the intersection of the highway 2-52 bypass and 16th Street Southwest in Minot. The bypass is a part of the state highway system. In the 1970s, the state department of transportation (department)

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