Gessner v. City of Minot

SANDSTROM, Justice.

Norma Charlene Gessner appealed from the trial court’s dismissal of one of the defendants in this case. We conclude the trial court’s Rule 54(b), N.D.R.Civ.P., certification was improvidently granted and dismiss the appeal.

On July 26,1992, four-year-old Cory Hammond drowned when he fell from a concrete flood control device on the Souris River in Minot. Gessner, Cory’s mother, served a summons and complaint on Arden Hamar, Chairperson of the Ward County Water Management District, and Robert A. Sehempp, City Manager of the City of Minot. 1 The City answered, in part:

“Mr.…