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DOAN EX REL. DOAN v. CITY OF BISMARCK

No. 20010042.

632 N.W.2d 815 (2001)

2001 ND 152

Renae DOAN and Jerry DOAN, Individually and as parents and next friends of Jayce Doan, a minor child, Plaintiffs and Appellants, v. CITY OF BISMARCK, Damian Dionne, Defendants and Appellees. Kevin Blake and Jan Gustin, Defendants.

Supreme Court of North Dakota.

August 29, 2001.

Attorney(s) appearing for the Case

Calvin N. Rolfson (argued) and Brian L. Bergeson (appeared), Rolfson Schulz Lervick & Geiermann Law Offices, P.C., Bismarck, ND, for plaintiffs and appellants.

Randall J. Bakke (argued) and Michael J. Hagburg (on brief), Smith Bakke Hovland & Oppegard, Bismarck, ND, for defendant and appellee City of Bismarck.

Curtis L. Wike (argued) and Julie M. Buechler (on brief), Fleck, Mather & Strutz, Bismarck, ND, for defendant and appellee Damian Dionne.

KAPSNER, Justice.

[¶ 1] Renae and Jerry Doan, individually and as parents of Jayce Doan, (collectively, the "Doans") appeal from the district court's grant of summary judgment in favor of the City of Bismarck ("City") and Damian Dionne. Because genuine issues of material fact exist which preclude an award of summary judgment, we reverse and remand.

I

[¶ 2] On February 12, 1995, the Doans and their three children, Shanda, Jay, and Jayce...

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