[Go to Documents] | Filed Dec. 20, 1989 |
Robert F. Newhouse and Maxine E. Newhouse, Plaintiffs and Appellants
v.
Clayton Daryl Allard, Defendant
and
Terry Newhouse, Defendant, Third Party Plaintiff and Appellee
v.
Clayton Daryl Allard, Third Party Defendant
Civil No. 890147
Appeal from the District Court for Ward County, Northwest Judicial District, the Honorable Jon R. Kerian, Judge.
AFFIRMED.
Opinion of the Court by Meschke, Justice.
Robert W. Palda (argued), Box 668, Minot, ND 58702, and appearance by Kent L. Johnson, 212-16th Avenue Southwest, P.O. Box 638, Minot, ND 58702-0638, for plaintiffs and appellants.
Letnes, Marshall, Fiedler & Clapp, Ltd., P.O. Box 1950, Grand Forks, ND 58206, for defendant, third party plaintiff and appellee Terry Newhouse; argued by Jay H. Fiedler.
Newhouse v. Allard
Meschke, Justice.
Plaintiffs Robert F. Newhouse and Maxine E. Newhouse appealed from a Judgment in their lawsuit against Defendants Clayton Allard and Terry Newhouse. The jury determined that Newhouses' damages from a motor vehicle collision were caused by Allard's negligence (100%) and not by any negligence of Terry Newhouse (0%). Newhouses' argued that the evidence did not support the jury's verdict that Terry Newhouse was not negligent. We conclude that the verdict of the jury was supported by substantial evidence. Therefore, we affirm under NDRAppP 35.1(a)(3).
Herbert L. Meschke
H.F. Gierke III
Gerald W. VandeWalle
Beryl J. Levine
Ralph J. Erickstad, C.J.