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MILLER v. TRINITY MEDICAL CENTER

Civ. No. 9352.

260 N.W.2d 4 (1977)

Rankin G. MILLER, Plaintiff and Appellant, v. TRINITY MEDICAL CENTER, a North Dakota Hospital Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

November 10, 1977.

Attorney(s) appearing for the Case

Jonathan C. Eaton, Jr., of Eaton & Van De Streek, Minot, for plaintiff and appellant.

Robert W. Palda, of Palda & Thomas, Minot, for defendant and appellee.

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...

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