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BORN v. MAYERS

Civ. No. 930330.

514 N.W.2d 687 (1994)

Jody L. BORN, individually, and Jody L. Born, as mother and natural guardian of Joseph J. Born, Jacob A. Born, Jessica E. Born, Jedediah K. Born, Joshua D. Born, Jeremiah B. Born, Jason N. Born, and Jeanette E. Born, Plaintiffs and Appellants, v. Dan MAYERS, Wheat-Land Elevator Corp., f/k/a Coprograin Elevator Corporation, d/b/a Rogers Grain, Defendants and Appellees. Dan MAYERS, Defendant, Third-Party Plaintiff and Appellee, v. Kevin R. BORN and Jody L. Born, individually and d/b/a Rogers Bar & Cafe, and Todd Fuglestad, Third-Party Defendants.

Supreme Court of North Dakota.

April 5, 1994.

Attorney(s) appearing for the Case

Leo F.J. Wilking (argued), of Nilles, Hansen & Davies, Ltd., Fargo, for defendant and appellee Wheat-Land Elevator.

Steven L. Marquart (argued), of Cahill & Marquart, Moorhead, MN, for defendant, third-party plaintiff and appellee Dan Mayers.

Tyrone Patrick Bujold (argued), of Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, for plaintiffs and appellants.

NEUMANN, Justice.

The United States District Court for the District of North Dakota certified, under Rule 47, N.D.R.App.P., the following questions of law to this court:

"I. Does the North Dakota Dram Shop Act, section 5-01-06.1 of the North Dakota Century Code, create a right of action against a party not engaged in the business of selling intoxicating liquor, who gives another an intoxicating liquor as an act of hospitality or social courtesy?

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