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GOODLEFT v. GULLICKSON

Civil No. 950206.

556 N.W.2d 303 (1996)

Myrtle GOODLEFT for herself and the Estate of Dustin Seewalker, Plaintiff and Appellant v. Phillip GULLICKSON, a/k/a Philip Gullikson, Defendant v. MIDWEST CASUALTY INSURANCE COMPANY, Intervenor and Appellee.

Supreme Court of North Dakota.

December 10, 1996.

Attorney(s) appearing for the Case

Fintan L. Dooley, Bismarck, for plaintiff and appellant.

Joel W. Gilbertson, of Pearce & Durick, Bismarck, for intervenor and appellee.

VANDE WALLE, Chief Justice.

Myrtle Goodleft, for herself and for the estate of her five-year old grandson, Dustin Seewalker, appealed from a summary judgment dismissing her claim against Phillip Gullickson for the wrongful death of Dustin. We hold that, under N.D.C.C. § 32-21-03, Goodleft was not entitled to bring a wrongful death claim as Dustin's "surviving mother or father" and she failed to satisfy the statutory requirements for bringing the claim in her...

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