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MOSZER v. WITT

Nos. 20000202, 20000203.

622 N.W.2d 223 (2001)

2001 ND 30

Heather MOSZER, Plaintiff, and American Family Mutual Insurance Company, Plaintiff, Appellant and Cross-Appellee, v. Mike WITT, Defendant, Appellee and Cross-Appellant. Mike WITT, Plaintiff, Appellee and Cross-Appellant, v. Heather MOSZER, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

February 15, 2001.

Attorney(s) appearing for the Case

Steven Francis Lamb, Senior Claims Attorney, American Family Insurance, Fargo, ND, for plaintiff, appellant, and cross-appellee American Family Mutual Insurance Company and defendant, appellant, and cross-appellee Heather Moszer.

William P. Harrie, Nilles, Hansen & Davies, Ltd., Fargo, ND, for defendant, appellee, cross-appellant, and plaintiff Mike Witt.

KAPSNER, Justice.

[¶ 1] Heather Moszer and American Family Mutual Insurance Company ("American Family") appealed from a judgment dismissing their claims for damages against Mike Witt and from an order denying their motion for a new trial. Witt appealed from an order denying his motion to dismiss American Family's subrogation claim against him for damages sustained by Scott Akers. We hold the jury verdict is inconsistent and irreconcilable and the trial court...

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