Bokhoven v. Klinker

ANDREASEN, Justice.

Plaintiff, Marvin Bokhoven, appeals a judgment entered against him on a jury verdict finding him fifty-one percent at fault. He contends that the trial court erred in refusing to instruct the jury on the doctrine of last clear chance. Defendant, Virginia Klinker, cross-appeals, contending the trial court erred in apportioning court costs. We affirm the judgment for Klinker and reverse as to the district court’s assessment of costs.

I. Background Facts and Procedure.

Bokhoven was an emplomé of the third-party defendant, Paul Rertaud. Bokhoven and Renaud were servicing augers…