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BRAATEN v. DEERE & CO., INC.

Civil No. 970080

569 N.W.2d 563 (1997)

1997 ND 202

Barbara J. BRAATEN for the heirs and next of kin of Arnold Lyle Boomgaarden, Plaintiff and Appellant, v. DEERE & COMPANY, incorporated in the State of Delaware and George Boomgaarden, individually, Defendants and Appellees.

Supreme Court of North Dakota.

October 21, 1997.

Attorney(s) appearing for the Case

John P. Clifford (argued) and Dennis R. Johnson, of Meshbesher & Spence, Ltd., Minneapolis, MN and appearance by Steven L. Latham, Bismarck, for plaintiff and appellant.

Eric J. Magnuson (argued), Sheryl Ramstad Hvass and John M. Bjorkman, of Rider, Bennett, Egan & Arundel, LLP, Minneapolis, MN, and appearance by Stephen D. Easton, Bismarck, for defendant and appellee Deere & Company, Inc.

Jay Fiedler, of Pearson, Christensen, Larivee, Clapp, Fiedler & Fischer, Grand Forks, for defendant and appellee George Boomgaarden.

Charles L. Neff, of Neff Cresap Rathert Eiken & Irigoin, P.C., Williston, for amicus curiae the North Dakota Trial Lawyers Association in support of appellant Barbara J. Braaten. Submitted on brief.

VANDE WALLE, Chief Justice.

[¶ 1] Barbara J. Braaten, personal representative for the estate of Arnold Lyle Boomgaarden, appealed from the Judgment of the Stutsman County District Court dismissing her wrongful death action. The district court concluded North Dakota's two-year statute of limitations for wrongful death actions may be tolled under the doctrine of equitable tolling, but found that because of Braaten's lack of good faith, tolling was not warranted...

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