OLMSTEAD v. FIRST INTERSTATE BANK

Civ. No. 890137.

449 N.W.2d 804 (1989)

Brian OLMSTEAD, Plaintiff and Appellee, v. FIRST INTERSTATE BANK OF FARGO, N.A., as Personal Representative of the Estate of Charles S. Miller, deceased, Defendant and Appellant.

Supreme Court of North Dakota.

December 20, 1989.


Attorney(s) appearing for the Case

Dickel, Johannson, Taylor & Rust by Richard C. Taylor, Crookston, Minn., James F. Dunn & Associates, St. Paul, Minnesota, for defendant and appellant; argued by James F. Dunn.

Garaas Law Firm, Fargo, for plaintiff and appellee; by Jonathan T. Garaas (argued) and David A. Garaas.


LEVINE, Justice.

This is an appeal from a judgment entered upon a jury verdict and from an order denying motions for a new trial and for judgment notwithstanding the verdict. We affirm.

Brian Olmstead was injured on September 21, 1980, when an automobile, driven by Charles Miller, crashed into the trailer home of Brian's brother as Brian was working on the roof of a shed attached to the mobile home. At the time of the accident, Miller was under the influence...

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