EARNEST v. GARCIA

No. 990136.

601 N.W.2d 260 (1999)

1999 ND 196

Deborah A. EARNEST, Plaintiff and Appellant, v. Ronald L. GARCIA, individually and as an employee of Ward County's Public Administrator and the State of North Dakota as Education Coordinator of Veterans Upward Bound; Truman C. Stageberg, individually and as an employee of the State of North Dakota, and Marlin D. Thorsgaard, individually and as an employee of the Department of Veterans Affairs, Defendants and Appellees.

Supreme Court of North Dakota.

October 20, 1999.


Attorney(s) appearing for the Case

Kent M. Morrow, Severin, Ringsak & Morrow, Bismarck, ND, for plaintiff and appellant.

Tag C. Anderson, Assistant Attorney General, Attorney General's Office, Bismarck, ND, for defendants and appellees.


KAPSNER, Justice.

[¶ 1] Deborah A. Earnest appealed from a summary judgment dismissing her tort and civil rights action against Ronald L. Garcia, Truman C. Stageberg and Marlin D. Thorsgaard, in their individual and official capacities. We conclude the trial court did not err in granting summary judgment dismissal of the action because Earnest neither complied with the notice-of-claim requirements of N.D.C.C. § 32-12.2-04(1), nor identified a viable cause...

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