OLSON v. ESTATE OF RUSTAD

No. 20120318.

831 N.W.2d 369 (2013)

2013 ND 83

Holly OLSON, as personal representative of the Estate of Heidi Hanna, deceased, as special conservator of B.H., a minor, and as guardian of B.H., a minor, Plaintiff, Appellant and Cross-Appellee v. ESTATE OF Jeremy RUSTAD, deceased [Ronald Rustad, Personal Representative], Defendant, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

May 20, 2013.


Attorney(s) appearing for the Case

Tyler J. Siewert (argued) and David D. Schweigert (appeared), Bismarck, N.D., for plaintiff, appellant and cross-appellee.

Zachary E. Pelham (argued) and Patrick W. Durick (on brief), Bismarck, N.D., for defendant, appellee and cross-appellant.


VANDE WALLE, Chief Justice.

[¶ 1] Holly Olson, as personal representative of the estate of Heidi Hanna and guardian and special conservator of B.H. and B.H., appealed from a summary judgment dismissing her wrongful death and survival actions against the estate of Jeremy Rustad ("estate") resulting from an airplane crash. The estate cross-appealed from the judgment. We conclude the district court correctly determined as a matter of law that the wrongful death...

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