Legal Opinion
Ficek v. Morken
North Dakota Supreme Court
Decided August 4, 2004No. 20030295PublishedCited by 23 opinions
1Opinion of the Court
KAPSNER, Justice.
[¶ 1] The City of Fargo appealed from a judgment entered on a jury verdict awarding Gary A. Ficek and Rhonda K. Ficek $107,000 plus costs and disbursements in the Ficeks’ action against James P. Morken, Carol C. Morken, and the City. We reject the City’s invitation to adopt the public duty doctrine because it is incompatible with North Dakota law, and we conclude the district court did not err in instructing the jury that the City had a duty to properly inspect the construction of the Ficeks’ residence and to enforce the building codes at the time the house was constructed.…
2Cases cited45 opinions
- Gordon v. Bridgeport Housing AuthoritySupreme Court of Connecticut · 1988
- Commercial Carrier Corp. v. Indian River Cty.Supreme Court of Florida · 1979
- Coffey v. City of MilwaukeeWisconsin Supreme Court · 1976
- Taylor v. Stevens CountyWashington Supreme Court · 1988
- Brennen v. City of EugeneOregon Supreme Court · 1979
40 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Southers v. City of FarmingtonSupreme Court of Missouri · 2008
- Cope v. Utah Valley State CollegeUtah Supreme Court · 2014
- Kappenman v. KlipfelNorth Dakota Supreme Court · 2009
- Aurora Medical Park, LLC v. Kidney & Hypertension Center, PLCNorth Dakota Supreme Court · 2010
- Geraci v. Women's Alliance, Inc.District Court, D. North Dakota · 2006
18 more not listed; retrieve them via the Exa API.