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KEYES v. AMUNDSON

Civ. No. 10806.

359 N.W.2d 857 (1984)

Bradley KEYES, Plaintiff, v. Susan AMUNDSON, Robert Amundson, Craig Stoner, G & J Hotshot Service, Inc., and Getter Trucking, Inc., Defendants.

Supreme Court of North Dakota.

December 19, 1984.

Attorney(s) appearing for the Case

Greenwood, Greenwood & Greenwood, Dickinson, for plaintiff Bradley Keyes; argued by Dann Greenwood, Dickinson.

Bjella, Neff, Rathert, Wahl & Eiken, Williston, for defendants Susan Amundson and Robert Amundson; argued by Paul W. Jacobson, Williston.

Letnes, Marshall, Fiedler & Clapp, Grand Forks, for defendants Craig Stoner and G & J Hotshot Service, Inc.; argued by Jay H. Fiedler, Grand Forks.

McIntee & Whisenand, Williston, for defendant Getter Trucking, Inc.; argued by Fred E. Whisenand, Williston.

Orell D. Schmitz, President-Elect, North Dakota Trial Lawyers Ass'n, Bismarck, amicus curiae.

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 plaintiff's 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...

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