Smith Ex Rel. Smith v. Kulig

MARING, Justice.

[¶ 1] Rhonda Smith, as the special administrator for the estate of her deceased husband, Kelly Smith, appealed from a dismissal of her wrongful death action against Tony Kulig. We hold the trial court’s conclusion that Kelly Smith was a trespasser on Kulig’s property and his death was not caused by willful or wanton conduct by Kulig is supported by the evidence, and we affirm.

I

[¶ 2] Kulig owns a four-story building in Minot with two commercial businesses on the main floor and four apartments leased on the second floor. The third and fourth floors are vacant. The building…