Mitchell v. Sanborn

MESCHKE, Justice.

Art Sanborn appeals from a judgment, certified as final, holding him liable in a personal injury action brought by Walter E. Mitchell. We treat Sanborn’s appeal as a petition to exercise our supervisory jurisdiction, and we direct the trial court to dismiss Mitchell’s action.

In May 1991, Mitchell was injured while working as a police officer for the Grand Forks Police Department. Mitchell was standing next to a secretary’s desk at the police station when Sanborn, a fellow officer who was also on duty, approached Mitchell from behind and bumped his knees out from under him.…