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WOTZKA v. MINNDAKOTA LTD. PARTNERSHIP

No. 20120301.

831 N.W.2d 722 (2013)

2013 ND 99

Jeffrey WOTZKA, Plaintiff and Appellant v. MINNDAKOTA LIMITED PARTNERSHIP d/b/a Radisson Hotel Bismarck, 605 East Broadway Avenue, Bismarck, North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

June 19, 2013.

Attorney(s) appearing for the Case

Michael R. Hoffman , Bismarck, ND, for plaintiff and appellant.

Kristi K. Warner , Minneapolis, MN, for defendant and appellee.

MARING, Justice.

[¶ 1] Jeffrey Wotzka appeals the trial court's summary judgment in favor of Minndakota Limited Partnership, d/b/a Radisson Hotel Bismarck ("Radisson Hotel") arising out of a slip and fall accident. We hold the trial court misapplied our law and erroneously granted summary judgment because Wotzka raised genuine issues of material fact regarding whether the Radisson Hotel should have anticipated harm despite the obvious or known nature of the danger...

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