TUHY v. SCHLABSZ

Civil No. 970176.

574 N.W.2d 823 (1998)

1998 ND 31

Sandra TUHY and David Tuhy, Plaintiffs and Appellants, v. Stanley R. SCHLABSZ, Defendant and Appellee.

Supreme Court of North Dakota.

February 12, 1998.


Attorney(s) appearing for the Case

Senn Law Office, Dickinson, for plaintiffs and appellants; argued by David F. Senn.

McGee, Hankla, Backes & Dobrovolny, Minot, for defendant and appellee; argued by Jason R. Vendsel.


MESCHKE, Justice.

[¶ 1] Sandra and David Tuhy appealed a summary judgment dismissing their auto negligence action for lack of a serious injury. We reverse and remand for trial.

[¶ 2] On November 26, 1986, Sandra was a passenger in a car that collided with a pickup driven by Stanley Schlabsz. Sandra, who was insured by a no-fault policy, claimed injuries from Stanley's negligence. She and her husband sued Stanley in 1992 for damages from injuries...

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