Legal Opinion

McDowell v. Gillie

North Dakota Supreme Court

Decided May 22, 2001No. 20000269PublishedCited by 37 opinions

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] Nicki A. and Charles W. McDowell appealed from a summary judgment dismissing their negligence action against James Gillie and Florence Swanson. We conclude there are genuine issues of material fact whether Gillie and Swanson are entitled to immunity under the Good Samaritan Act, N.D.C.C. ch. 32-03.1, and we reverse and remand for further proceedings.

I

[¶ 2] While returning to their home in Manitoba, Canada on February 10, 1996, the McDowells encountered blizzard-like driving conditions as they traveled on Interstate 29 through North Dakota. Falling snow and strong…

2Cases cited25 opinions

  1. Sidney Lundy Claire Lundy v. Adamar of New Jersey, Inc., T/a Trop World, Defendant/third Party v. Dr. Domenic Frank Carlino, Individually Dr. Domenic Frank Carlino, a Professional Association, Third-PartyCourt of Appeals for the Third Circuit · 1994
  2. South v. National Railroad Passenger Corp.North Dakota Supreme Court · 1980
  3. Falcon v. StateNorth Dakota Supreme Court · 1997
  4. Dahl v. TurnerNew Mexico Court of Appeals · 1969
  5. Fleck v. ANG Coal Gasification Co.North Dakota Supreme Court · 1994

20 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Olander Contracting Co. v. Gail Wachter InvestmentsNorth Dakota Supreme Court · 2002
  2. Hilton v. North Dakota Education Ass'nNorth Dakota Supreme Court · 2002
  3. Public Service Commission v. Wimbledon Grain Co.North Dakota Supreme Court · 2003
  4. Doan Ex Rel. Doan v. City of BismarckNorth Dakota Supreme Court · 2001
  5. Bragg v. BURLINGTON RESOURCES OIL & GAS CO. LPNorth Dakota Supreme Court · 2009

32 more not listed; retrieve them via the Exa API.

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