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FICEK v. MORKEN

No. 20030295.

685 N.W.2d 98 (2004)

2004 ND 158

Gary A. FICEK and Rhonda K. Ficek, Plaintiffs and Appellees v. James P. MORKEN and Carol C. Morken, Defendants and The City of Fargo, Defendant and Appellant.

Supreme Court of North Dakota.

August 4, 2004.

Attorney(s) appearing for the Case

Ronald H. McLean (argued) and Timothy G. Richard (appeared), Serkland Law Firm, Fargo, ND, for plaintiffs and appellees.

Patricia Ann Roscoe, Assistant City Attorney (argued), and Garylle B. Stewart, City Attorney (appeared), Solberg Stewart Miller and Tjon, Fargo, ND, for defendant and appellant.

Jerald A. Hjelmstad, North Dakota League of Cities, Bismarck, ND, for amicus curiae.

David L. deCourcy, Falls Church, VA, and Garylle B. Stewart, City Attorney, Solberg Stewart Miller and Tjon, Fargo, ND, for amicus curiae International Code Council.

KAPSNER, Justice.

[¶ 1] The City of Fargo appealed from a judgment entered on a jury verdict awarding Gary A. Ficek and Rhonda K. Ficek $107,000 plus costs and disbursements in the Ficeks' action against James P. Morken, Carol C. Morken, and the City. We reject the City's invitation to adopt the public duty doctrine because it is incompatible with North Dakota law, and we conclude the district court did not err in instructing the jury that the City had a duty...

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