[Go to Documents] | Filed Sep. 13, 1994 | [Dissent Filed .] |
Sharon Ferris, Plaintiff and Appellant
v.
North Dakota Centennial Commission; State of North Dakota; Capitol Grounds Planning Commission; and Donald Mund as manager of the Capitol Grounds Facility for the Capitol Grounds Planning Commission, Defendants and Appellees
Civil No. 940022
Appeal from the District Court for Burleigh County, South Central Judicial District, the Honorable William F. Hodny, Judge.
REVERSED AND REMANDED.
Opinion of the Court by Levine, Justice.
Myer Shark (argued), of Myer Shark Law Office, P.O. Box 1616, Fargo, ND 58107-1616, for plaintiff and appellant.
Randall J. Bakke (argued), Special Assistant Attorney General, P.O. Box 460, Bismarck, ND 58502-0460, for defendant and appellee North Dakota Centennial Commission.
Laurie J. Loveland (argued), Solicitor General, Attorney General's Office, 900 East Boulevard Avenue, Bismarck, ND 58505-0041, for defendants and appellees State of North Dakota, Capitol Grounds Planning Commission and Donald Mund.
Jeffrey White, Associate General Counsel, Association of Trial Lawyers of America, 1050 31st Street NW, Washington, DC 20007, and David R. Bossart, of Conmy, Feste, Bossart, Hubbard & Corwin, Ltd., 400 Norwest Center, Fargo, ND 58126, for amicus curiae Association of Trial Lawyers of America. Brief filed.
Ferris v. North Dakota Centennial Commission et al.
Levine, Justice.
Sharon Ferris appeals from a summary judgment dismissing her tort action against the State of North Dakota, the North Dakota Centennial Commission, the Capitol Grounds Planning Commission, and Donald Mund, as manager of the Capitol Grounds Facility for the Capitol Grounds Planning Commission. We reverse and remand for further proceedings.
In Bulman v. Hulstrand Construction Co., ___ N.W.2d ___ (N.D. 1994), we abolished the doctrine of sovereign immunity of the State from tort liability, and we applied our decision to the parties to that proceeding. We also apply Bulman to this contemporaneous case.
Accordingly, we reverse the summary judgment, and we remand for proceedings consistent with our decision in Bulman.
Beryl J. Levine
William A. Neumann
Dale V. Sandstrom
Herbert L. Meschke
VandeWalle, Chief Justice, dissenting.
I adhere to my dissent in Bulman v. Hulstrand Construction Co., ___ N.W.2d ___ (N.D. 1994). I would affirm the judgment of the district court.
Gerald W. VandeWalle, C.J.