Swenson v. Raumin

NEUMANN, Justice.

This is an appeal from a grant of partial summary judgment. We dismiss the appeal.

The plaintiffs in this action allege that Peter Swenson, age 55, was injured when he fell from a potato bin while attempting to close a bin door at the Raumin Brothers’ potato warehouse where he was employed. Sally Swenson also alleges damages as a result of her husband’s injuries.

Peter’s job with Raumin Brothers appears to qualify under the farm worker’s exemption of North Dakota’s Workers’ Compensation Act. As a result, the parties’ claims are based on both tort and contract law theories.

After…