Moore v. Luther

Johnson, J.:

The plaintiffs, Richard and Sandra Moore, appeal the district court’s dismissal, with prejudice, of their civil lawsuit against the alleged tortfeasor, Glen Luther. We affirm in part, reverse in part, and remand with instructions to dismiss the lawsuit without prejudice.

This case began rather routinely as an automobile collision case. On March 31,1997, Sandra Moore sustained personal injuries and the vehicle she co-owned with her husband, Richard, sustained physical damage when she swerved to avoid colliding with tire vehicle in which Glen Luther was effecting a U-tum on an…