Troy DIEGEL, individually and as Trustee for the North Dakota Workers Compensation Bureau, Plaintiff and Appellant,
v.
CITY OF WEST FARGO, Defendant and Appellee,
Joel GEHRKE, Defendant, Third-Party, Plaintiff, and Appellant, and
Tami Gehrke, Additional Defendant, Third-Party Plaintiff, and Appellant,
v.
BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Third-Party Defendant and Appellee.
Supreme Court of North Dakota.https://leagle.com/images/logo.png
April 25, 1996.
April 25, 1996.
Attorney(s) appearing for the Case
Kim E. Brust, Conmy, Feste, Bossart, Hubbard & Corwin, Ltd., Fargo, for plaintiff and appellant Troy Diegel.
Leland F. Hagen, Lee Hagen Law Office, Ltd., Fargo, for defendants, third-party plaintiffs and appellants Joel Gehrke and Tami Gehrke.
Kim E. Brust argued for all the appellants.
Ronald F. Fischer, Pearson, Christensen, Larivee, Clapp, Fiedler & Fischer, Grand Forks, for defendant and appellee City of West Fargo.
James S. Hill, Zuger Kirmis & Smith, Bismarck, for third-party defendant and appellee Burlington Northern. Submitted on brief.
Supreme Court of North Dakota.
SANDSTROM, Justice.
Troy Diegel, individually and as trustee for the North Dakota Workers Compensation Bureau,1 Joel Gehrke, and Tami Gehrke (collectively referred to as plaintiffs) appealed from a summary judgment dismissing their negligence claims against the City of West Fargo for injuries incurred in a motor vehicle accident at a railroad crossing in West Fargo. We hold summary judgment...
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