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AMYOTTE EX REL. AMYOTTE v. ROLETTE COUNTY HOUSING AUTHORITY

No. 20020191.

658 N.W.2d 324 (2003)

2003 ND 48

Shaylee AMYOTTE, a minor child, by and through her parent, Bernice AMYOTTE, Plaintiff and Appellee, v. ROLETTE COUNTY HOUSING AUTHORITY, Defendant and Appellant, and Timothy Shirk, Individually and as Apartment Complex Manager for Rolette County Housing Authority, Defendant.

Supreme Court of North Dakota.

March 26, 2003.

Attorney(s) appearing for the Case

Debra L. Hoffarth, Pringle & Herigstad, P.C., Minot, ND, for plaintiff and appellee.

Richard H. McGee II, McGee, Hankla, Backes & Dobrovolny, Minot, ND, for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] The Rolette County Housing Authority ("Housing Authority") appealed from a judgment awarding damages to Shaylee Amyotte ("Amyotte") for injuries she incurred when she was clawed by a cat on rental property owned by the Housing Authority. We hold the trial court did not correctly instruct the jury on the landlord's duty to the plaintiff in this case, and the evidence, as a matter of law, does not establish the Housing Authority was negligent...

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