Legal Opinion

Kondrad Ex Rel. McPhail v. Bismarck Park District

North Dakota Supreme Court

Decided April 25, 2003No. 20020196PublishedCited by 26 opinions

1Opinion of the Court

MARING, Justice.

[¶ 1] Scott Kondrad, a minor, by and through his mother, Shari McPhail, as next friend, appealed from a summary judgment dismissing his action for damages against the Bismarck Park District for injuries suffered in a bicycle accident. We hold a waiver and release signed by McPhail exonerates the Park District for its alleged negligence in this case, and we affirm.

I

[¶ 2] The bicycle accident occurred on September 9, 1999, at the Pioneer Elementary School while Kondrad was participating in BLAST, an after-school care program operated by the Park District. Kondrad fell on the…

2Cases cited8 opinions

  1. Olander Contracting Co. v. Gail Wachter InvestmentsNorth Dakota Supreme Court · 2002
  2. Egeland v. Continental Resources, Inc.North Dakota Supreme Court · 2000
  3. Garofalo v. Saint Joseph's HospitalNorth Dakota Supreme Court · 2000
  4. Reed v. University of North DakotaNorth Dakota Supreme Court · 1999
  5. Jose v. Norwest Bank North Dakota, N.A.North Dakota Supreme Court · 1999

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

3Cited by26 opinions

  1. Hoffner v. JohnsonNorth Dakota Supreme Court · 2003
  2. Kortum v. JohnsonNorth Dakota Supreme Court · 2008
  3. Van Klootwyk v. Baptist Home, Inc.North Dakota Supreme Court · 2003
  4. Frederick Copeland v. Healthsouth/Methodist Rehabilitation Hospital, LPTennessee Supreme Court · 2018
  5. Bernabucci v. HuberNorth Dakota Supreme Court · 2006

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

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