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HILLERSON v. BISMARCK PUBLIC SCHOOLS

No. 20130101.

838 N.W.2d 474 (2013)

2013 ND 193

Shealeen HILLERSON as best friend to T.D., and T.D., Plaintiffs and Appellants v. BISMARCK PUBLIC SCHOOLS and Mandan Parks and Recreation, and Missouri Valley Family Young Men's Christian Association, Defendants. Missouri Valley Family Young Men's Christian Association, Appellee.

Supreme Court of North Dakota.

October 22, 2013.

Attorney(s) appearing for the Case

Benjamin C. Pulkrabek , Mandan, ND, for plaintiffs and appellants.

Mark J. Condon , Bloomington, MN, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Shealeen Hillerson, as "best friend" to T.D., a minor child, and T.D. appealed from a summary judgment dismissing their negligence lawsuit against the Missouri Valley Family YMCA for injuries T.D. suffered in a near-drowning accident while participating in a YMCA summer program. Because we conclude that the waiver of liability signed by T.D.'s mother is ambiguous, a question of fact exists as to the intent of the parties. We...

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