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DAY v. GENERAL MOTORS CORP.

Civ. No. 10519.

345 N.W.2d 349 (1984)

Thomas J. DAY and Lynda Day, Plaintiffs, v. GENERAL MOTORS CORPORATION, Defendant.

Supreme Court of North Dakota.

February 2, 1984.

Attorney(s) appearing for the Case

Cahill Law Office, Moorhead, Minn., for plaintiffs; argued by Steven L. Marquart, Moorhead.

Pearce, Anderson & Durick, Bismarck, for defendant; argued by Harry J. Pearce, Bismarck.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for N.D. Trial Lawyers Ass'n, amicus curiae; argued by Dann Greenwood, Dickinson, not a member of the firm.

SAND, Justice.

The United States District Court, pursuant to Rule 47 of the North Dakota Rules of Appellate Procedure, certified the following questions of law to this Court:

1. In a personal injury action against the manufacturer of a product wherein the plaintiff is seeking damages under a theory of strict liability based on an alleged design defect which plaintiff claims enhanced the injury, should plaintiff's percentage of fault be determined and applied...

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