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KUTCKA v. GATEWAY BLDG. SYSTEMS, INC.

No. 20220257.

990 N.W.2d 605 (2023)

2023 ND 91

David KUTCKA, individually; The Estate of Austin D. Dejno, by and through Tammy Dejno, as its duly-appointed personal representative; and Tammy Dejno, individually, as wrongful death plaintiff, Plaintiffs and Appellants v. GATEWAY BUILDING SYSTEMS, INC., Defendant, Third-Party Plaintiff, and Appellee v. Joel Klipping, d/b/a MC Mill Workers, Third-Party Defendant.

Supreme Court of North Dakota.

Filed May 9, 2023.

Attorney(s) appearing for the Case

Thomas J. Conlin (argued), Taylor B. Cunningham (appeared), and Stacy Deery Stennes (on brief), Minneapolis, Minnesota, for The Estate of Austin D. Dejno and Tammy Dejno, plaintiffs and appellants.

Jeffrey S. Weikum (appeared), Bismarck, North Dakota, for plaintiff and appellant David Kutcka.

Cara C. Passaro , Minneapolis, Minnesota, for defendant, third-party plaintiff, and appellee Gateway Building Systems, Inc.

Jacqueline S. Anderson , Special Assistant Attorney General, Fargo, North Dakota, for amicus curiae North Dakota Workforce Safety and Insurance.

Duane A. Lillehaug , Fargo, North Dakota, for amicus curiae North Dakota Association for Justice.

Monte L. Rogneby , Bismarck, North Dakota, for amicus curiae Associated General Contractors of North Dakota.

[¶1] David Kutcka, Tammy Dejno, as personal representative of Austin Dejno's estate, and Tammy Dejno, as wrongful death plaintiff (collectively, "Plaintiffs") appeal from a judgment dismissing their negligence claims against Gateway Building Systems ("Gateway"). Plaintiffs argue the district court erred in concluding Gateway...

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