MOEN v. THOMAS

No. 20000111.

628 N.W.2d 325 (2001)

2001 ND 110

Carol Kay MOEN and LaRae A. Thomas, Co-Trustees of the Jay V. Thomas Family Trust, Plaintiffs, v. Laurie THOMAS, individually and as surviving spouse, heir and personal representative of Jerry J. Thomas, deceased, and his estate, and Kisten Thomas and Tessa Thomas, their minor children, by Laurie Thomas, their guardian, Defendants, Third-Party Plaintiffs and Appellants, v. Fred C. Rathert and Neff Cresap Rathert Eiken & Irigoin, P.C., Third-Party Defendants and Appellees.

Supreme Court of North Dakota.

June 8, 2001.


Attorney(s) appearing for the Case

Greg W. Hennessy, Hennessy Law Office, P.C., Williston, ND, for defendants, third-party plaintiffs and appellants.

Frederick E. Whisenand (on brief) and Shane D. Peterson (argued), Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Williston, ND, for third-party defendants and appellees.


NEUMANN, Justice.

[¶ 1] Laurie Thomas, Kisten Thomas, and Tessa Thomas have appealed from a summary judgment dismissing their legal malpractice claim against Fred Rathert and his firm, Neff Cresap Rathert Eiken & Irigoin, P.C. We reverse and remand, concluding there are genuine issues of material fact which preclude summary judgment.

I

[¶ 2] Laurie was married to Jerry Thomas and the couple...

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