North Dakota Supreme Court

Alice Hurt, Plaintiff and Appellant, Eric Hurt, and Ernie Mathias on Behalf of Brady Hurt, a Minor, Plaintiffs V…

January 27, 19991999 N.D. LEXIS 4

Summary

The court affirmed summary judgments dismissing claims against passengers who had arranged a ride with an intoxicated driver and claims alleging a conspiracy to commit perjury. It held that, absent a special relationship, passenger status, a request for transportation, generalized advice to the driver, or the passengers' alleged knowledge of intoxication did not create a duty to third parties. It also held that alleged false testimony and a claimed conspiracy to produce it could not support civil liability without evidence of damages caused by the conspiracy.