Wysoski v. Collette

(On reassignment).

This is an appeal from an order of the district court discharging a judgment in favor of the plaintiff against the defendant from record. The facts are undisputed.

The plaintiff was injured while riding as a guest in a motor vehicle operated by the defendant. She sued the defendant for damages, alleging gross negligence, and after a trial recovered judgment against the defendant for $8,567.35. Thereafter, being unable to collect such judgment from the defendant, the plaintiff applied for payment thereof to the Unsatisfied Judgment Fund of the State of North Dakota, and…