Thoring v. LaCounte

On petition for rehearing, appellants LaCounte have called to our attention the District Court’s certification of the issue of res judicata pursuant to Rule 54(b), M.R.Civ.P., and we find that the same is ripe for appeal. Accordingly, we withdraw our earlier opinion of January 8, 1987 and substitute the opinion below.

The LaCountes appeal the order of the District Court, Fifteenth Judicial District, County of Roosevelt, denying their motion for summary judgment. We dismiss the appeal and remand for further proceedings.

This case is a wrongful death action arising out of an automobile accident…