Dahms v. Legacy Plumbing

Citations

• 2024 ND 53

Syllabus

Conduct constituting a breach of contract does not create a tort for negligence, unless the defendant's conduct also establishes a breach of an independent duty that does not arise from the contract. Speculation is not enough to defeat a motion for summary judgment, and when reasonable persons can reach only one conclusion from the evidence a court may grant summary judgment. This Court does not review issues which are raised for the first time on appeal.