Barbie v. Minko Construction, Inc.

CROTHERS, Justice.

[¶ 1] Jody Barbie appealed from district court summary judgments dismissing her negligence claims against Minko Construction, Inc. (“Minko”) and Comstock Construction, Inc. (“Comstock”). We affirm, concluding that Barbie failed to present competent, admissible evidence creating a genuine issue of material fact on an essential element of her claim and that res ipsa loquitur does not apply in this case.

I

[¶ 2] On July 2, 2003, Barbie, a teacher at Fargo North High School, was injured when a removable metal mullion bar fell on her as she was standing near the northwest gym…