REED V. UNIVERSITY OF NORTH DAKOTA AND THE NORTH DAKOTA ASSOCIATION FOR THE DISABLED, INC.
589 N.W.2d 880 (1999)
NATURE OF THE CASE: Reed (P) appealed from a decision, which dismissed his breach of
contract claim against University (D) as barred by res judicata.
FACTS: P signed a national letter of intent and played hockey at D for two years. On
September 15, 1991, as part of D's preseason hockey conditioning program, P ran in a ten
kilometer charity road race sponsored by NDAD (D1) in Grand Forks. P became severely
dehydrated and suffered extensive damage to his kidneys and liver. P required extensive
medical care, including one kidney and two liver transplants, and he incurred substantial
expenses for medical treatment. P sued Ds in Minnesota state court, alleging negligence
against all Ds and breach of contract against D. The Minnesota trial court dismissed P's
claim against D1 for lack of personal jurisdiction, but allowed him to complete discovery on
several issues regarding the other five defendants. Sovereign immunity was abolished in
North Dakota and P then sued all six defendants in North Dakota state court, alleging the
same claims against them. The North Dakota trial court stayed that action pending resolution
of the Minnesota case. The North Dakota trial court eventually dismissed P's tort claims
against Ds on the basis of sovereign immunity and granted D's motion for summary judgment on
P's breach of contract claim against D. The court allowed Reed to amend his complaint
against D1 to allege D1 and D had acted in concert and D1 was jointly liable for damages
attributable to D's negligence. The court then granted summary judgment dismissing P's
claims against D1. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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