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BARBIE v. MINKO CONST., INC.

No. 20080214.

766 N.W.2d 458 (2009)

2009 ND 99

Jody BARBIE, Plaintiff and Appellant v. MINKO CONSTRUCTION, INC. and Comstock Construction, Inc., Defendants and Appellees.

Supreme Court of North Dakota.

June 17, 2009.

Attorney(s) appearing for the Case

Timothy M. O'Keeffe (argued) and Tatum O. Lindbo (appeared), Kennelly & O'Keeffe, Ltd., Fargo, N.D., for plaintiff and appellant.

Sarah S. Barron (argued) and Richard A. Clapp (on brief), Pearson Christensen & Clapp, PLLP, Grand Forks, N.D., for defendant and appellee Minko Construction, Inc.

Zachary E. Pelham (argued) and Patrick W. Durick (on brief), Pearce & Durick, Bismarck, N.D., for defendant and appellee Comstock Construction, Inc.

CROTHERS, Justice.

[¶ 1] Jody Barbie appealed from district court summary judgments dismissing her negligence claims against Minko Construction, Inc. ("Minko") and Comstock Construction, Inc. ("Comstock"). We affirm, concluding that Barbie failed to present competent, admissible evidence creating a genuine issue of material fact on an essential element of her claim and that res ipsa loquitur does not apply in this case.

I

[¶ 2] On July...

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