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DARBY v. SWENSON INC.

No. 20080215.

767 N.W.2d 147 (2009)

2009 ND 103

Craig DARBY, Plaintiff and Appellant v. SWENSON INC., d/b/a Swenson RV & Equipment, Defendant and Appellee.

Supreme Court of North Dakota.

June 17, 2009.

Attorney(s) appearing for the Case

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

John D. Sear and Nathan Marcusen (argued), of Bowman and Brooke, Minneapolis, MN, for defendant and appellee.

MARING, Justice.

[¶ 1] Craig Darby appeals a district court's summary judgment in favor of Swenson Inc. We affirm, concluding the district court did not err in granting summary judgment because even if Darby had been permitted to amend his complaint, his added claim would not survive a motion for summary judgment and would have been futile. We further conclude the district court did not err in dismissing Darby's complaint with prejudice.

I

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