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HURT v. FREELAND

Civil No. 980169.

589 N.W.2d 551 (1999)

1999 ND 12

Alice HURT, Plaintiff and Appellant, Eric Hurt, and Ernie Mathias on behalf of Brady Hurt, a minor, Plaintiffs v. Tyler FREELAND, Defendant Traci Olson, and Timothy Olson, Defendants and Appellees

Supreme Court of North Dakota.

January 27, 1999.

Attorney(s) appearing for the Case

Thomas A. Dickson and Timothy Q. Purdon, Dickson Law Office, Bismarck, N.D., for plaintiff and appellant; argued by Thomas A. Dickson.

Daniel L. Hull, Anderson & Bailly, Fargo, N.D., for defendants and appellees.

SANDSTROM, Justice.

[¶ 1] In this case we are asked to decide whether passengers are liable for the injuries and deaths caused by an intoxicated driver. We are also asked to decide whether false testimony may create civil liability. We affirm the summary judgments of dismissal, concluding that absent a special relationship, not present here, there is no basis for liability on the part of passengers of an intoxicated driver, and there is no basis for civil liability...

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