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ANDERSON v. ANDERSON EX REL. ANDERSON

No. 980251.

591 N.W.2d 138 (1999)

1999 ND 57

Toni M. ANDERSON, Plaintiff, v. Derrik E. ANDERSON, by and through his parent and natural guardian, Rory ANDERSON, and Milbank Mutual Insurance Company, Defendants

Supreme Court of North Dakota.

Rehearing Denied April 27, 1999.

Attorney(s) appearing for the Case

H. Patrick Weir, Lee Hagen Law Office, Ltd., Fargo, ND, for plaintiff.

Scott K. Porsborg (argued) and Daniel L. Hovland, Smith Bakke Hovland & Oppegard, Bismarck, ND, for defendants.

VANDE WALLE, Chief Justice.

[¶ 1] This case raises the following certified question of law: Whether the negligence of a minor driver is imputed to an injured passenger under section 39-06-09, N.D.C.C., when the injured passenger is the parent who signed the minor driver's application for an instructional permit, in accordance with section 39-06-08, N.D.C.C. The trial court answered the question in the negative. We...

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