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BARTA v. HINDS

Civil No. 970133.

578 N.W.2d 553 (1998)

1998 ND 104

Richard BARTA, Plaintiff and Appellant, v. Ricky J. HINDS, Defendant and Appellee.

Supreme Court of North Dakota.

May 20, 1998.

Attorney(s) appearing for the Case

Irvin B. Nodland (argued), of Irvin B. Nodland, P.C., Bismarck, for plaintiff and appellant.

Donald L. Peterson (argued), of Kenner Sturdevant Peterson Cresap, Minot, for defendant and appellee.

MARING, Justice.

[¶ 1] Richard Barta appeals from the order denying his motion for a new trial after a jury awarded him $5,604.70 in damages for pain and suffering for injuries sustained in a collision between Barta's motor home and a grain truck driven by Ricky Hinds. The jury, however, awarded Barta nothing for medical expenses or permanent disability. We conclude the special jury verdict is inconsistent and contrary to the evidence, and the trial court abused...

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