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GREEN v. MID DAKOTA CLINIC

No. 20030264.

673 N.W.2d 257 (2004)

2004 ND 12

Tracy Paul GREEN, Plaintiff and Appellant v. MID DAKOTA CLINIC, Defendant and Appellee.

Supreme Court of North Dakota.

January 14, 2004.

Attorney(s) appearing for the Case

Kent M. Morrow, Severin, Ringsak & Morrow, Bismarck, N.D., for plaintiff and appellant.

Michael C. Waller, Fleck, Mather & Strutz, Bismarck, N.D., for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Tracy Paul Green appealed from a summary judgment dismissing his action for damages against Mid Dakota Clinic ("Clinic"), alleging it negligently allowed ice to accumulate on its sidewalk, resulting in Green sustaining injuries when he slipped and fell while attempting to transfer from a wheelchair into his car. We hold the trial court incorrectly applied the law of assumption of risk...

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