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KONDRAD EX REL. MCPHAIL v. BISMARCK PARK DISTRICT

No. 20020196.

655 N.W.2d 411 (2003)

2003 ND 4

Scott KONDRAD, a minor, by and through Shari McPHAIL as next friend, Plaintiff and Appellant, v. BISMARCK PARK DISTRICT, Defendant and Appellee.

Supreme Court of North Dakota.

January 17, 2003.

Attorney(s) appearing for the Case

Michael Ray Hoffman, Bismarck, N.D., for plaintiff and appellant.

Randall J. Bakke, Smith Bakke Oppegard Porsborg Wolf, Bismarck, N .D., for defendant and appellee.

MARING, Justice.

[¶ 1] Scott Kondrad, a minor, by and through his mother, Shari McPhail, as next friend, appealed from a summary judgment dismissing his action for damages against the Bismarck Park District for injuries suffered in a bicycle accident. We hold a waiver and release signed by McPhail exonerates the Park District for its alleged negligence in this case, and we affirm.

I

[¶ 2] The bicycle accident occurred on September 9, 1999...

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