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LENO v. K & L HOMES, INC.

No. 20100347.

803 N.W.2d 543 (2011)

2011 ND 171

Neal A. LENO and Susan A. Leno, Plaintiffs and Appellees, v. K & L HOMES, INC., a North Dakota Corporation, Defendant and Appellant.

Supreme Court of North Dakota.

September 2, 2011.

Attorney(s) appearing for the Case

Paul R. Sanderson (argued) and Kara J. Johnson (appeared), Bismarck, ND, for plaintiffs and appellees.

Chris A. Edison (argued), Bismarck, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] K & L Homes appealed the district court judgment based upon a jury verdict in favor of Neal A. Leno and Susan A. Leno ("the Lenos"). On appeal, K & L Homes argued the district court erred by deciding K & L Homes had not sufficiently raised the defense of fault by the Lenos in its answer, the court erred by refusing to instruct the jury on comparative fault, the court erred by denying K & L Homes' request for inspection...

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