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KRONBERGER v. ZINS

Civ. No. 900199.

463 N.W.2d 656 (1990)

Ernest KRONBERGER and Sandra Kraft, for themselves and as next friends of Casey Kronberger, Plaintiffs and Appellants, v. Dustin ZINS, and his next friends, Arnold Zins and Carolyn Zins, and Arnold Zins and Carolyn Zins, individually, Defendants and Appellees.

Supreme Court of North Dakota.

November 29, 1990.

Attorney(s) appearing for the Case

Lester J. Schirado of Schirado Law Office, Mandan, for plaintiffs and appellants.

Curtis L. Wike of Fleck, Mather & Strutz, Bismarck, for defendants and appellees.

LEVINE, Justice.

Ernest Kronberger and Sandra Kraft appeal from an order denying Casey Kronberger a new trial on the ground that an ex parte communication between the judge and the jury was harmless error. We reverse and remand for a new trial.

This appeal involves a personal injury action against six-year-old Dustin Zins for damages sustained by seven-year-old Casey Kronberger in a "dirt ball fight" involving neighborhood children. At the close of Kronberger...

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