Ficek v. Morken

Summary

The Supreme Court of North Dakota affirmed a judgment imposing liability on the City of Fargo for negligent inspection and approval of residential construction. The court declined to adopt the public duty doctrine, holding that it was incompatible with North Dakota law, and concluded that the jury was properly instructed that the City owed a duty to properly inspect the residence and enforce applicable building codes.

Holdings

1. North Dakota does not adopt the public duty doctrine because it is incompatible with North Dakota law and the Political Subdivision Tort Claims Act.
2. The district court correctly instructed the jury that the City owed the Ficeks and other purchasers a duty to properly inspect construction and enforce the building codes in force when the residence was constructed.

Questions Presented

1. Whether North Dakota should adopt the public duty doctrine to eliminate a municipality's tort duty to individual plaintiffs for building-code inspections absent a special relationship.
2. Whether the district court correctly instructed the jury that the City of Fargo owed the Ficeks a duty to properly inspect the residence's construction and enforce applicable building codes.

Disposition

affirmed