Hosman v. North Dakota State University

Full title: Lisa HOSMAN and Ronald Hosman, Plaintiffs and Appellants, v. NORTH DAKOTA…

Court: Supreme Court of North Dakota

Date published: Sep 13, 1994

521 N.W.2d 643 (N.D. 1994)

Opinion

Civ. No. 940054.

September 13, 1994.

Appeal from the District Court of Cass County, East Central Judicial District; Lawrence A. Leclerc, Judge.

Paul D. Johnson, Lee Hagen Law Office, Ltd., Fargo, for plaintiffs and appellants.

Laurie J. Loveland, Sol. Gen., Atty. General's Office, Bismarck, for defendants and appellees.

REVERSED AND REMANDED.

PER CURIAM.

Lisa and Ronald Hosman appeal from a judgment dismissing their tort action against North Dakota State University and William Blain, Randall Hedge, and John Does, individually and in their capacities as employees of the State of North Dakota. We reverse and remand for further proceedings.

In Bulman v. Hulstrand Construction Co., 521 N.W.2d 632 (N.D. 1994), we abolished the sovereign immunity of the State. We applied our decision to the parties to that proceeding. We also apply Bulman to this contemporaneous case.

We reverse the judgment of dismissal and we remand for proceedings consistent with our decision in Bulman.

MESCHKE, LEVINE, NEUMANN, and SANDSTROM, JJ., concur.

VANDE WALLE, Chief Justice, dissenting.

I adhere to my dissent in Bulman v. Hulstrand Construction Co., 521 N.W.2d 632 (N.D. 1994). I would affirm the judgment of the district court.