Wilkens v. Westby

McEvers, Justice.

[¶1] Branden Wilkens appeals from a district court judgment and order dismissing his complaint against Tarin L. Westby without prejudice, concluding service under N.D.C.C. § 39-01-11 was improper. We affirm.

I

[¶2] On February 14, 2012, Wilkens and Westby were involved in a car accident in North Dakota, resulting in Westby's death on the day of the accident. In February 2018, Wilkens served a summons and complaint asserting a claim of negligence against Westby upon the director of the Department of Transportation ("the Department") under N.D.C.C. § 39-01-11, which allows…