Born v. Mayers, 930330
Decision Date | 05 April 1994 |
Docket Number | No. 930330,930330 |
Citation | 514 N.W.2d 687 |
Court | North Dakota Supreme Court |
Parties | Jody L. BORN, individually, and Jody L. Born, as mother and natural guardian of Joseph J. Born, Jacob A. Born, Jessica E. Born, Jedediah K. Born, Joshua D. Born, Jeremiah B. Born, Jason N. Born, and Jeanette E. Born, Plaintiffs and Appellants, v. Dan MAYERS, Wheat-Land Elevator Corp., f/k/a Coprograin Elevator Corporation, d/b/a Rogers Grain, Defendants and Appellees. Dan MAYERS, Defendant, Third-Party Plaintiff and Appellee, v. Kevin R. BORN and Jody L. Born, individually and d/b/a Rogers Bar & Cafe, and Todd Fuglestad, Third-Party Defendants. Civ. |
Leo F.J. Wilking (argued), of Nilles, Hansen & Davies, Ltd., Fargo, for defendant and appellee Wheat-Land Elevator.
Steven L. Marquart (argued), of Cahill & Marquart, Moorhead, MN, for defendant, third-party plaintiff and appellee Dan Mayers.
Tyrone Patrick Bujold (argued), of Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, for plaintiffs and appellants.
The United States District Court for the District of North Dakota certified, under Rule 47, N.D.R.App.P., the following questions of law to this court:
Our answer to both questions is yes.
The federal court submitted a statement of facts, which we quote here in relevant part:
Section 5-01-06.1, N.D.C.C., states, in part:
The interpretation of a statute is a question of law, to be answered by the court. Aanenson v. Bastien, 438 N.W.2d 151 (N.D.1989). Words used in any statute are to be understood in their ordinary sense unless a contrary intention plainly appears. Section 1-02-02, N.D.C.C. When a statute is clear and unambiguous the letter of the statute cannot be disregarded under the pretext of pursuing its spirit, because the legislative intent is presumed clear from the face of the statute. Section 1-02-05, N.D.C.C.; Dist. One Republican Comm. v. Dist. One Democrat Comm., 466 N.W.2d 820 (N.D.1991). When statutory language is free from ambiguity, it is neither necessary nor appropriate to delve into legislative history to determine legislative intent. See State v. Bower, 442 N.W.2d 438 (N.D.1989). Section 5-01-06.1, N.D.C.C., like its predecessor (Section 5-01-02.1, N.D.R.C.1943), is remedial in character and should be liberally construed to advance its remedy. Section 1-02-01, N.D.C.C.; Iszler v. Jorda, 80 N.W.2d 665 (N.D.1957).
We conclude that Section 5-01-06.1, N.D.C.C., is clear and free of ambiguity. It creates a cause of action against any person who knowingly provides alcoholic beverages to an obviously intoxicated person. The language could not be more clear that the claim for relief is against anyone, without limitation, who knowingly commits the prohibited conduct.
During oral argument the appellees' attorney urged us to construe this statute as allowing claims to be brought only against "professional merchants of alcohol." The clear language of this statute simply does not support such an interpretation.
Similar statutes in other jurisdictions have consistently been construed as unambiguously creating a cause of action against anyone committing the prohibited conduct. Martin v. Watts, 513 So.2d 958 (Ala.1987); Ross v. Ross, 294 Minn. 115, 200 N.W.2d 149 (1972) compare Holmquist v. Miller, 367 N.W.2d 468, 470 (Minn.1985) ( ); Williams v. Klemesrud, 197 N.W.2d 614 (Iowa 1972). The Supreme Court of Alabama in Martin, supra, 513 So.2d at 961, interpreting a statute substantively identical to Section 5-01-06.1, N.D.C.C....
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