Cantrell v. Henderson

Plaintiffs sued in the Tenth Judicial District Court for Fergus County claiming damages for personal injuries suffered in a motor vehicle accident. Following plaintiffs’ motion to dismiss the defendant Mark Henderson, he was dismissed with prejudice. Cardinal Drilling then moved for summary judgment on the grounds that its employee Mr. Henderson had been dismissed with prejudice. That motion was granted. Plaintiffs appeal. We affirm the District Court in part and reverse in part.

The issues on appeal:

1. Did the District Court err in dismissing defendant Mr. Henderson with prejudice?

2. Should…