Domson, Inc. v. Kadrmas Lee & Jackson, Inc.

KERN, Justice (concurring in part and dissenting in part).

*407[¶38.] I join issues 1 and 2 of the majority opinion but dissent on issue 3 wherein the majority affirms the grant of summary judgment on Domson's claim of negligent design. Domson established genuine issues of fact sufficient to require a jury to determine whether Dakota Engineering/KLJ breached the standard of care and caused Domson damages due to negligence in designing the project plans.

[¶39.] Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits,…