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BURGENER v. BUSHAW

Civil Nos. 950182, 950183.

545 N.W.2d 163 (1996)

Robert BURGENER, Plaintiff and Appellant, v. Rachel BUSHAW and Michael Bushaw; d/b/a Corner Bar, and Terri Gothberg, Personal Representative of the Estate of Charles E. Gothberg, Defendants and Appellees. Oliver JENSON, Jr. and Debby Jenson, Plaintiffs and Appellants, v. Rachel BUSHAW and Michael Bushaw; d/b/a Corner Bar, and Terri Gothberg, Personal Representative of the Estate of Charles E. Gothberg, Defendants and Appellees.

Supreme Court of North Dakota.

March 19, 1996.

Attorney(s) appearing for the Case

Neil A. McEwen (argued), Thief River Falls, for plaintiffs and appellants.

Howard D. Swanson (argued) and F. John Marshall (no appearance), of Letnes, Marshall & Swanson, Ltd., Grand Forks, for defendants and appellees Rachel Bushaw and Michael Bushaw.

Dwain E. Fagerlund (argued), of Johannson, Taylor, Rust, Tye & Fagerlund, P.A., Crookston, for defendant and appellee Terri Gothberg.

NEUMANN, Justice.

Robert Burgener, Oliver Jenson, Jr., and Debby Jenson appeal from amended judgments entered upon offers of judgment pursuant to Rule 68(a), N.D.R.Civ.P. We reverse and remand.

This dispute arises from a two-car accident which occurred on January 14, 1989, near Grand Forks, North Dakota. A vehicle driven by Charles Gothberg crossed the center line and collided with a vehicle driven by Oliver Jenson, Jr. Charles Gothberg was killed in the accident...

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