Calavera v. Vix

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 which was caused by Vix’s negligence. The district court entered a summary judgment dismissing Calavera’s action on the ground that Calavera failed to meet the $1,000 medical expense threshold under the North Dakota Auto Accident Reparations Act, Chapter 26-41, N.D.C.C., within the applicable statute of limitations.

Under Subsection 26-41-12(1), N.D.C.C., a defendant…