Calavera v. Vix

356 N.W.2d 901 (1984)

Richard V. CALAVERA, Plaintiff and Appellant,

v.

Lyndon W. VIX, Defendant and Appellee.

Civ. No. 10738.

Supreme Court of North Dakota.

October 30, 1984.

Teevens, Johnson & Montgomery, Minot, for plaintiff and appellant; argued by Bruce Montgomery, Minot.

Kenner, Halvorson & Sturdevant, Minot, for defendant and appellee; argued by Harris P. Kenner, Minot.

SAND, Justice.

Calavera appeals from a summary judgment dismissing his action against Vix. We reverse and remand for a trial on the merits.

Calavera filed an action for damages alleging that he sustained injuries in a car accident…