North v. Bunday

In this special proceeding originating in this Court, we are called upon to decide whether the District court is correct in holding that, although plaintiff’s percentage of causal negligence in a tort action exceeded the percentage of causal negligence assigned individually to each of two concurrent tortfeasor defendants, the plaintiff may nevertheless recover a diminished proportion of his damages from *249the concurrent tortfeasors because their combined percentages of causal negligence exceeded that of the plaintiff.

We hold that the District Court was correct and we adopt the rule that under…