Kolar v. Bergo

Wade Rolar appeals from an order and memorandum issued by the Tenth Judicial District Court, Fergus County, granting summary judgment to defendants Linda Bergo and David Salvi. We reverse and remand.

The sole issue on appeal is whether the District Court erred in granting summary judgment to Linda Bergo and David Salvi.

FACTS

On the day of April 1,1993, David Salvi and his children had been playing practical jokes on each other, as it was April Fool’s Day. They decided to play a joke on Dennis Bergo since Dennis and Linda Bergo were close family friends. The essence of the joke was to make…