Muhammed v. Welch

KAPSNER, Justice.

[¶ 1] Sefin Muhammed appealed from a summary judgment dismissing his personal injury action against Ellen Welch arising out of an automobile accident. We conclude the district court improperly granted summary judgment because Mu-hammed has raised a genuine issue of material fact whether the defendant is equitably estopped from raising the statute of limitations as a bar to the action. We reverse and remand for further proceedings.

I

[¶ 2] On December 27, 1995, Mu-hammed was a passenger in a vehicle that was struck by Welch’s vehicle in Fargo. The next day, Carlton Goughnour, an…