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BULMAN v. HULSTRAND CONSTRUCTION CO., INC.

Civ. No. 940047.

521 N.W.2d 632 (1994)

Judy Ann BULMAN, Plaintiff and Appellant, v. HULSTRAND CONSTRUCTION CO., INC.; and the State of North Dakota, Defendants and Appellees, and Otto Moe and Robert Heim, individually and as partners doing business as Custom Tool & Repair Service, a/k/a CT & RS, and Custom Tool & Repair Service (CT & RS), Defendants.

Supreme Court of North Dakota.

September 13, 1994.

Attorney(s) appearing for the Case

J.P. Dosland (argued), of Dosland, Nordhougen, Lillehaug, Johnson & Saande, Moorhead, MN., for plaintiff and appellant.

Steven A. Storslee (argued), of Fleck, Mather & Strutz, Bismarck, for defendant and appellee Hulstrand Const. Co.

Laurie J. Loveland (argued), Sol. Gen., Atty. General's Office, Bismarck, for defendant and appellee State of N.D.

Jeffrey White, Associate Gen. Counsel, Ass'n of Trial Lawyers of America, Washington, D.C. and David R. Bossart, of Conmy, Feste, Bossart, Hubbard & Corwin, Ltd., Fargo, for amicus curiae, Ass'n of Trial Lawyers of America. Brief filed.

LEVINE, Justice.

Judy Ann Bulman appeals from a summary judgment dismissing her wrongful death action against Hulstrand Construction Company and the State of North Dakota. We affirm the dismissal of Hulstrand. However, we hold that Art. I, § 9, N.D. Const., does not bestow exclusive authority upon the Legislature to waive or modify sovereign immunity of the State from tort liability and does not preclude this Court from abolishing that common-law doctrine. With...

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