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SMITH EX REL. SMITH v. KULIG

No. 20040237.

696 N.W.2d 521 (2005)

2005 ND 93

Kelly SMITH, by and through the Special Administrator Rhonda SMITH, Plaintiff and Appellant, v. Tony KULIG, Defendant and Appellee.

Supreme Court of North Dakota.

May 17, 2005.

Attorney(s) appearing for the Case

Michael Ward, Eaton, Van de Streek & Ward, Minot, N.D., for plaintiff and appellant.

James E. Nostdahl, Pringle & Herigstad, P.C., Minot, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] Rhonda Smith, as the special administrator for the estate of her deceased husband, Kelly Smith, appealed from a dismissal of her wrongful death action against Tony Kulig. We hold the trial court's conclusion that Kelly Smith was a trespasser on Kulig's property and his death was not caused by willful or wanton conduct by Kulig is supported by the evidence, and we affirm.

I

[¶ 2] Kulig owns a four-story building in...

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