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COLLETTE v. CLAUSEN

No. 20030026.

667 N.W.2d 617 (2003)

2003 ND 129

Katie COLLETTE, individually and as the surviving wife and representative of the heirs at law and estate of Joshua Collette, deceased, Plaintiff and Appellant, v. Robert CLAUSEN, Defendant and Appellee.

Supreme Court of North Dakota.

August 20, 2003.

Attorney(s) appearing for the Case

Kim E. Brust, Conmy Feste, Ltd., Fargo, ND, for plaintiff and appellant.

James D. Erickson, Erickson Law Office, Moorhead, MN, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Katie Collette appeals from a summary judgment dismissing with prejudice her action against Robert Clausen ("Clausen") seeking damages for wrongful death and pain and suffering arising from a snowmobile accident. We conclude Katie Collette failed to present sufficient evidence following a motion for summary judgment to establish each essential element of her claims for negligent entrustment and negligent failure to warn. We affirm.

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