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LANGNESS v. FENCIL URETHANE SYSTEMS, INC.

No. 20030004.

667 N.W.2d 596 (2003)

2003 ND 132

Duane E. LANGNESS, Plaintiff and Appellant, v. FENCIL URETHANE SYSTEMS, INC., a corporation, Defendant and Appellee, RDO FARM PARTNERSHIP, d/b/a RD Offutt, Inc., a corporation; James Behrens; and Polydyne, Inc., Defendants.

Supreme Court of North Dakota.

August 20, 2003.

Attorney(s) appearing for the Case

Duane A. Lillehaug (argued), Leland F. Hagen (on brief), and Robert M. Light (on brief), Lee Hagen Law Office, Fargo, N.D., for plaintiff and appellant.

Randall J. Bakke (argued) and Shawn A. Grinolds (on brief), Smith Bakke Oppegard Porsborg Wolf, Bismarck, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] Duane Langness appealed from a judgment entered upon a jury verdict dismissing his action against Fencil Urethane Systems, Inc. for negligent application of epoxy primer and exposure to toxic chemicals. We hold the trial court abused its discretion in excluding the proffered testimony of Langness' expert, Dr. Alan Buck. We reverse and remand for further proceedings.

I

[¶ 2] In 1997, Langness sold RDO Farms a 70 by...

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