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McDOWELL v. GILLIE

No. 20000269.

626 N.W.2d 666 (2001)

2001 ND 91

Nicki A. McDOWELL and Charles W. McDowell, Plaintiffs and Appellants, v. James GILLIE and Florence Swanson, Defendants and Appellees.

Supreme Court of North Dakota.

May 22, 2001.

Attorney(s) appearing for the Case

Shane D. Peterson (submitted on brief), Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Williston, ND, for plaintiffs and appellants.

Gary R. Wolberg (submitted on brief), Fleck, Mather & Strutz, Bismarck, ND, for defendants and appellees.

KAPSNER, Justice.

[¶ 1] Nicki A. and Charles W. McDowell appealed from a summary judgment dismissing their negligence action against James Gillie and Florence Swanson. We conclude there are genuine issues of material fact whether Gillie and Swanson are entitled to immunity under the Good Samaritan Act, N.D.C.C. ch. 32-03.1, and we reverse and remand for further proceedings.

I

[¶ 2] While returning to their home in Manitoba, Canada on February...

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