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ZUEGER v. CARLSON

Civ. No. 950205.

542 N.W.2d 92 (1996)

Lillian ZUEGER and LeRoy J. Kudrna, Plaintiffs and Appellants, v. Mark R. CARLSON, Defendant, and Bentley, Inc. d/b/a Boomers, Defendant and Appellee.

Supreme Court of North Dakota.

January 11, 1996.

Attorney(s) appearing for the Case

Scott K. Porsborg of Smith Bakke Hovland & Oppegard, Bismarck, for plaintiffs and appellants.

Brent J. Edison of Zuger Kirmis & Smith, Bismarck, for defendant and appellee.

SANDSTROM, Justice.

Lillian Zueger and LeRoy Kudrna appeal from a district court summary judgment dismissing their claims against Bentley, Inc., doing business as Boomers ("Boomers"). We reverse and remand for further proceedings, holding release of dram shop claims does not release all tort claims against a bar, and holding a bar owner has a duty to exercise reasonable care to prevent and stop assaults on its patrons.

I

On October 29, 1993, Zueger...

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