Legal Opinion

Bjerk v. Anderson

North Dakota Supreme Court

Decided May 14, 2018No. 20170160PublishedCited by 9 opinions

1Opinion of the Court

Tufte, Justice.

*345 [¶ 1] Christian Bjerk, son of appellants Keith Bjerk and Debra Bjerk (the "Bjerks") died from an overdose after consuming drugs at a house owned by Kenton Anderson. The district court granted summary judgment dismissing the Bjerks' premises liability and negligent entrustment claims, and the Bjerks appealed. We conclude that the facts viewed in a light most favorable to the Bjerks do not support a conclusion that Anderson owed Christian Bjerk a duty of care under a premises liability theory. We also conclude the Bjerks' negligent entrustment fails as a matter of law because…

Also in this document: Concurring in part, dissenting in part.

2Cases cited22 opinions

  1. Scurti v. City of New YorkNew York Court of Appeals · 1976
  2. O'Leary v. CoenenNorth Dakota Supreme Court · 1977
  3. Hurt v. FreelandNorth Dakota Supreme Court · 1999
  4. Castaneda v. OlsherCalifornia Supreme Court · 2007
  5. Barsness v. General Diesel & Equipment Co.North Dakota Supreme Court · 1986

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3Cited by9 opinions

  1. Dahms v. Nodak Mutal Insurance Co.North Dakota Supreme Court · 2018
  2. RTS Shearing v. BNI CoalNorth Dakota Supreme Court · 2021
  3. Cichos v. Dakota Eye Institute, P.C.North Dakota Supreme Court · 2019
  4. Schmidt v. Hess Corp., et al.North Dakota Supreme Court · 2024
  5. Cichos v. Dakota Eye Institute, P.C.North Dakota Supreme Court · 2019

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