PETERSON v. TRAILL COUNTY

No. 990083.

601 N.W.2d 268 (1999)

1999 ND 197

Ardis PETERSON, individually and as Personal Representative of the Estate of Leroy A. Peterson, Plaintiff and Appellant, v. TRAILL COUNTY, a political subdivision, Defendant and Appellee.

Supreme Court of North Dakota.

October 20, 1999.


Attorney(s) appearing for the Case

Dan D. Plambeck (argued) and Dennis D. Fisher (appearance), Stefanson, Plambeck & Foss, Moorhead, MN, for plaintiff and appellant.

Corey J. Quinton (argued) and Paul R. Oppegard (appearance), Smith Bakke Hovland & Oppegard, Moorhead, MN, for defendant and appellee.


SANDSTROM, Justice.

[¶ 1] Ardis Peterson, individually and as personal representative of the estate of Leroy A. Peterson, appealed from a judgment dismissing her personal injury action against Traill County. We conclude the County does not have governmental immunity from Peterson's lawsuit, and the trial court erred in granting the County's motion for judgment as a matter of law at the close of Peterson's case. We reverse and remand for a new trial.

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