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LOPER v. ADAMS

No. 20100101.

795 N.W.2d 899 (2011)

2011 ND 68

Kenneth LOPER, Plaintiff and Appellant v. William ADAMS, Defendant and Appellee.

Supreme Court of North Dakota.

March 25, 2011.

Attorney(s) appearing for the Case

Rudra Tamm , Bismarck, N.D., for plaintiff and appellant.

Scott Kenneth Porsborg , and David Ray Phillips (appeared), Bismarck, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] Kenneth Loper appealed from a district court summary judgment dismissing his negligence action against William Adams. We reverse and remand, concluding that: (1) the district court did not abuse its discretion in excluding Loper's expert witness and denying Loper's motion for an enlargement of time to disclose his expert witness; but (2) genuine issues of material fact remain and the district court therefore erred in granting summary judgment...

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