McDaniel v. Petersen, 497 N.W.2d 100 (N.D. 1992)

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Filed Dec. 22, 1992

Carl McDaniel and Beverly McDaniel, Plaintiffs and Appellants
v.
Paul Petersen, Helen Petersen, Defendants and Appellees and Hyman Freightways, Inc., a/k/a Barber Transportation Company, Defendant
and
Hyman Freightways, Inc., a/k/a Barber Transportation Company, Third-Party Plaintiff
v.
Stan Vitez, d.b.a. Stan's Dray Service, Third-Party Defendant

Civil No. 920233

Appeal from the District Court for Ward County, Northwest Judicial District, the Honorable Jon R. Kerian, Judge.
AFFIRMED.
Opinion of the Court by Levine, Justice.
Michael Ward of Eaton, Van de Streek & Ward, Minot, for Plaintiffs and Appellants.
Richard H. McGee II of McGee, Hankla, Backes & Wheeler, Ltd., Minot, for Defendants and Appellees.

McDaniel v. Petersen

Civil No. 920233

Levine, Justice.

Carl McDaniel and Beverly McDaniel appeal from a directed verdict dismissing Paul Petersen from the negligence action the McDaniels commenced against Paul Petersen and Helen Petersen, et al., and from an adverse jury verdict finding that the McDaniels failed to prove that Helen caused Carl's injury.

The McDaniels contend that the trial court erroneously directed a verdict in favor of Paul, the jury verdict was contrary to the evidence, the trial court was biased, the trial court erred in not allowing the jury to receive certain information and in giving improper jury instructions. We affirm pursuant to NDRAppP 35.1(a)(3), (4), (6).

Beryl J. Levine
Vernon R. Pederson, S.J.
Herbert L. Meschke
J. Philip Johnson
Ralph J. Erickstad, C.J.

Pederson, S.J., sitting in place of VandeWalle, J., disqualified.

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IN THE SUPREME COURT

STATE OF NORTH DAKOTA

Civil No. 920233