[Go to Documents] | Filed June 19, 1986 |
David Shulstad, Plaintiff and Appellant
v.
Berkel, Inc. d/b/a United States Slicing Machine Co., Inc., Defendant and Appellee
Civil No. 11,094
Appeal from the District Court, Cass County, East Central Judicial District, the Honorable John O. Garaas, Judge.
REVERSED AND REMANDED.
Opinion of the Court by Gierke, Justice.
Rufer, Hefte, Pemberton, Schulze, Sorlie, Sefkow & Kershner, Law Office Building, P.O. Box 866, Fergus Falls, MN 56537, for plaintiff and appellant; argued by H. Morrison Kershner.
Arvesen, Lundeen, Hoff, Svingen & Athens, 125 South Mill Street. Fergus Falls. MN 56537, for defendant and appellee; argued by Thomas C, Athens.
Nicholas J. Spaeth, Attorney General, Lynn C. Jordheim, Solicitor General, Michael J. Geiermann, Ass't Attorney General, Attorney General's Office, State Capitol, Bismarck, for amicus curiae State of North Dakota; argued by Lynn C. Jordheim.
Lundberg, Nodland, Lucas & Schulz, P.C., P.O. Box 1398 Bismarck, amicus curiae for North Dakota Wholesalers & Manufacturers Association, Inc.; argued by A. William Lucas.
Shulstad v. Berkel, Inc.
Gierke, Justice.
David Shulstad appeals from a district court judgment dismissing his products liability action. The district court granted the motion of appellee, Berkel, Inc., d/b/a United States Slicing Machine Co., Inc. (Berkel), for summary judgment pursuant to § 28-01.1-02 of the North Dakota Century Code. We reverse and remand for trial.
On August 31, 1981, Shulstad, while employed by a retail meat market was severely injured. Shulstad was cleaning a meat grinder when a fellow employee turned on the power which engaged the auger. Shulstad's right hand was mangled and permanently injured. The meat grinder was manufactured by Berkel on July 8, 1965.
On appeal, Shulstad challenges the constitutionality of § 28-01.1-02, N.D.C.C., the "statute of limitation" of the North Dakota Products Liability Act. Recently, we considered the validity of § 28-01.1-02 and found it to be violative of Article I, § 21 of the North Dakota Constitution. Hanson v. Williams Co., 389 N.W.2d 319 (N.D. 1986). Accordingly, we reverse and remand for trial.
H.F. Gierke III
Gerald W. VandeWalle
Herbert L. Meschke
Beryl J. Levine
Erickstad, Chief Justice, dissenting.
I respectfully dissent for the reasons stated in my dissent in Hanson v. Williams Co., 389 N.W.2d 319 (N.D. 1986).
Ralph J. Erickstad, C.J.