Keyes v. Amundson

PEDERSON, Justice.

The district court certified, under Chapter 32-24, NDCC, the following questions to this Court:

“(1) ‘Does North Dakota Century Code 9-10-07 permit a recovery by a plaintiff where the plaintiffs negligence is greater than or equal to each individual defendant’s negligence, but less than the aggregate negligence of all defendants?’ “(2) ‘If so, may a plaintiff recover more than the pro-rata percent of damages attributable to a defendant whose fault is less than that of the plaintiff? That is, by way of hypothetical, could a plaintiff who is forty percent negligent recover more…