Summary
The North Dakota Supreme Court considered whether a parent may recover medical expenses paid for an injured minor child when the child's comparative fault exceeds the fault of the defendant. The court held that the parent's claim is derivative of the child's injury and is barred under North Dakota's modified comparative fault statute when the child's fault is greater than the tortfeasor's fault. The court affirmed dismissal of the parent's claim.
Holdings
- A parent is not entitled to recover medical expenses paid on behalf of an injured minor child when the child's comparative fault exceeds the fault of the tortfeasor.
- N.D.C.C. § 14-09-21, which provides that neither parent nor child is answerable as such for the act of the other, does not prevent the child's fault from affecting the parent's derivative recovery claim.
Questions Presented
- Whether a parent may recover medical expenses paid for an injured minor child when the child's comparative fault exceeds the fault of the tortfeasor.
- Whether North Dakota's modified comparative fault statute or parent-child statutes permit the parent to recover the portion of the child's medical expenses corresponding to the defendant's percentage of fault.
Disposition
affirmed
Cases Cited (30)
- M.M. v. Fargo Pub. Sch. Dist. No. 1, 2010 ND 102, 783 N.W.2d 806(followed as prior procedural history)
- Grager v. Schudar, 2009 ND 140, 770 N.W.2d 692(followed)
- Saltsman v. Sharp, 2011 ND 172, 803 N.W.2d 553(followed)
- Rodenburg v. Fargo-Moorhead YMCA, 2001 ND 139, 632 N.W.2d 407(followed)
- Schneider v. Schaaf, 1999 ND 235, 603 N.W.2d 869(followed)
- Harfield v. Tate, 1999 ND 166, 598 N.W.2d 840(followed)
- Haff v. Hettich, 1999 ND 94, 593 N.W.2d 383(followed)
- Stewart v. Ryan, 520 N.W.2d 39 (N.D. 1994)(followed)
- Leno v. K & L Homes, Inc., 2011 ND 171, 803 N.W.2d 543(followed)
- Ward v. Bullis, 2008 ND 80, 748 N.W.2d 397(followed)
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Cited In (0)
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Court Document
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