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KALLAND v. NORTH AMERICAN VAN LINES

Nos. 81-3678, 81-3689.

716 F.2d 570 (1983)

Alfred H. KALLAND, Personal Representative of the Estate of Marvin Kalland and Sharline Kalland, deceased, and Guardian of Klarie Kalland and Keith Kalland, Minors, Plaintiffs-Appellees, v. NORTH AMERICAN VAN LINES, a corporation, and Little Audrey Lines, a corporation, Defendants-Appellants, and Vernell L. Jackson, United Van Lines, a corporation; Sten V. Karlsson and Clifford W. Pulec, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 1, 1983.

Attorney(s) appearing for the Case

Richard Ranney, Shelton C. Williams, Missoula, Mont., for plaintiffs-appellees.

Gary L. Graham, Garlinton, Lohn & Robinson, Ronald A. Bender, Worden, Thane & Haines, Missoula, Mont., for defendants-appellants.

Before KILKENNY, KENNEDY, and SKOPIL, Circuit Judges.

KENNEDY, Circuit Judge:

The issue of primary interest in the appeal is whether in a comparative negligence case the trier of fact should assess damages for an indivisible injury by an apportionment equal to degrees of causal responsibility, in addition to an apportionment based on degrees of negligence. We hold that causal apportionment is incorrect and reverse that part of the judgment inconsistent with our holding. Montana law applies in this diversity suit, but...

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