MATTER OF ESTATE OF STIRLING

Civ. No. 950036.

537 N.W.2d 554 (1995)

In the Matter of the ESTATE OF Donald STIRLING, Deceased, Connie NESS, Claimant and Appellant, and Michael Ness, Claimant, v. Irene STIRLING, Harold John Stirling, Lee Thomas Stirling, Robert E. Stirling, Duane D. Stirling, Bette Jo Blixt, and Lori Kay DeFabio, Respondents and Appellees.

Supreme Court of North Dakota.

September 26, 1995.


Attorney(s) appearing for the Case

David Garaas (argued), of Garaas Law Firm, Fargo, for claimant and appellant.

C. Nicholas Vogel (argued), of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for respondents and appellees.


MESCHKE, Justice.

Connie Ness appealed from an order that her personal injury claim against the Estate of Donald Stirling was barred by the statute of limitations. We affirm.

Ness was injured in a May 21, 1987, collision between her car and one driven by Donald Stirling. In May 1993, Ness attempted to serve a summons and complaint on Stirling. Stirling, however, had died on February 7, 1993. No probate proceedings had been begun.

By letter of June...

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