Miller v. Trinity Medical Center

VOGEL, Justice.

This is an appeal by the plaintiff, Rankin G. Miller, from a judgment of the district court of Ward County finding the plaintiff and the defendant, Trinity Medical Center, equally negligent in causing a fire in Miller’s bed while he was hospitalized in Trinity’s facility. Because of findings of 50 percent negligence on the part of the plaintiff and 50 percent on the part of the defendant, recovery by the plaintiff was precluded under North Dakota’s comparative negligence statute, Section 9-10-07, North Dakota Century Code, which allows recovery only if the plaintiff’s…