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CHAMPAGNE v. U.S.

Civ. No. 930215.

513 N.W.2d 75 (1994)

Debra CHAMPAGNE and Richard Champagne, as personal representatives of the Estate of Ricky Champagne, Plaintiffs and Appellants, v. UNITED STATES of America, Defendant and Appellee.

Supreme Court of North Dakota.

March 8, 1994.

Attorney(s) appearing for the Case

Robert Vogel Law Office, P.C., Grand Forks, for plaintiffs and appellants; argued by Alice R. Senechal.

Sushma Soni (argued), Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, DC and Cameron W. Hayden (appearance), Asst. U.S. Atty., U.S. Attorney's Office, Fargo, for defendant and appellee.

MESCHKE, Justice.

We consider the effect of comparative fault on a medical provider's tort liability for treating a patient with suicidal ideas when the patient commits suicide. Under NDRAppP 47 the United States Court of Appeals for the Eighth Circuit certified questions of law to this court:

(1) Is a suicide victim's fault to be considered under North Dakota's Comparative Fault Statutes, § 32-03.2-01 and 02; and (2) Is any fault of the suicide...

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