Morris v. Moller

Filed 4/10/12 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2012 ND 78

Northern Excavating Co., Inc., Plaintiff, Appellee, and Cross-Appellant

v.

Sisters of Mary of the Presentation

Long Term Care, d/b/a/ Ave

Maria Village, Defendant, Appellant, and Cross-Appellee

No. 20110209

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable Jay A. Schmitz, Judge.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

Opinion of the Court by Maring, Justice.

Kip M. Kaler (argued), Kaler Doeling Law Office, P.O. Box 423, Fargo, N.D. 58107-0423, for plaintiff,…