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KIMBALL v. LANDEIS

No. 20020100.

652 N.W.2d 330 (2002)

2002 ND 162

Larry KIMBALL, Jr., Plaintiff and Appellant, v. Jack LANDEIS and Justin Gram, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied November 5, 2002.

Attorney(s) appearing for the Case

Thomas V. Omdahl, Grand Forks, N.D., for plaintiff and appellant.

Howard D. Swanson, Letnes, Marshall, Swanson & Warcup, Ltd., Grand Forks, N.D., for defendant and appellee Jack Landeis.

Jay H. Fiedler, Pearson Christensen, Grand Forks, N.D., for defendant and appellee Justin Gram.

MARING, Justice.

[¶ 1] Larry Kimball, Jr., appealed from a summary judgment dismissing his negligence claims against Justin Gram and Jack Landeis. We conclude Kimball's claim against Landeis is barred by the statute of limitations, but Kimball has raised a genuine issue of material fact in his claim against Gram. We affirm in part, reverse in part, and remand.

I

[¶ 2] On February 17, 1995, Kimball and Landeis were seriously injured when...

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