Legal Opinion

Bellemare v. Gateway Builders, Inc.

North Dakota Supreme Court

Decided January 20, 1987No. Civ. 11335PublishedCited by 9 opinions

1Opinion of the Court

LEVINE, Justice.

We are asked to answer a certified question concerning the duty of care owed by a lessor to a lessee. We decline to do so.

Daniel Bellemare leases farm land, including three grain bins, from Anton Rut-ten. Bellemare fell from a ladder attached to one of the bins and sued Rutten to recover for the injuries he sustained as a result of Rutten’s allegedly negligent maintenance of the bin. Rutten moved for summary judgment on the ground that he owed Bellemare no duty of care as a matter of law. Bellemare appears to concede that under the law governing landlord liability, Rutten is…

2Cases cited10 opinions

  1. State v. LarsonNorth Dakota Supreme Court · 1981
  2. Francis v. PicNorth Dakota Supreme Court · 1975
  3. Stutsman County v. Dakota Trust Co.North Dakota Supreme Court · 1920
  4. Scranton Grain Co. v. Lubbock MacHine & Supply Co.North Dakota Supreme Court · 1970
  5. School Board of Eagle Public School District No. 16 v. State Board of Public School EducationNorth Dakota Supreme Court · 1964

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

3Cited by9 opinions

  1. Bellemare v. Gateway Builders, Inc.North Dakota Supreme Court · 1988
  2. McKenzie County v. HodelNorth Dakota Supreme Court · 1991
  3. Gelinske v. Farmers Grain & Trading Co.North Dakota Supreme Court · 1989
  4. Braaten v. Deere & Co.North Dakota Supreme Court · 1996
  5. Butz v. World Wide, Inc.North Dakota Supreme Court · 1991

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

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