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PRAUS EX REL. PRAUS v. MACK

No. 20000106.

626 N.W.2d 239 (2001)

2001 ND 80

Carolina A. PRAUS, individually, and on behalf of the heirs at law of Christian PRAUS, deceased; Carolina A. Praus, as trustee for the North Dakota Workers Compensation Bureau, Plaintiffs and Appellants, v. Brian MACK, Keith Brown Trucking, Inc., Defendants and Appellees, and James Cape and Sons, Inc., Defendant, Third-Party Plaintiff and Appellee, v. Edling Electric Co., Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

May 1, 2001.

Attorney(s) appearing for the Case

H. Morrison Kershner, Pemberton, Sorlie, Rufer and Kershner, PLLP, Fergus Falls, for plaintiffs and appellants.

Kraig A. Wilson (argued) and Patrick R. Morley (on brief), Grand Forks, for defendant and appellee Brian Mack.

Howard D. Swanson, Letnes, Marshall & Swanson, Ltd., Grand Forks, for defendant and appellee Keith Brown Trucking, Inc.

Stephen W. Plambeck (argued) and Joel M. Fremstad (on brief), Nilles, Hansen & Davies, Ltd., Fargo, for defendant, third-party plaintiff and appellee.

Gordon W. Myerchin (argued) and Darin B. Barker (on brief), Camrud, Maddock, Olson & Larson, Ltd., Grand Forks, for third-party defendant and appellee.

KAPSNER, Justice.

[¶ 1] Carolina A. Praus, individually and on behalf of the heirs at law of Christian Praus and as trustee for the Workers Compensation Bureau, appealed from a judgment dismissing her wrongful death action against Brian Mack, Keith Brown Trucking, Inc., and James Cape and Sons, Inc., and dismissing her motion for a new trial. We conclude the trial court did not abuse its discretion in refusing to sever the indemnity claims from the negligence...

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