Background

• Moore appeals a judgment dismissing his claim for M.M.'s past medical expenses in a personal injury action against Fargo Public School District No. 1 and Hart.
• The jury previously allocated 30% fault to Hart and any District employee and 70% to M.M.; the verdict awarded Moore $285,000 for past medical expenses incurred when M.M. was a minor.
• The district court dismissed Moore's claim for past medical expenses because M.M.'s own fault exceeded the District's fault under North Dakota's modified comparative fault regime.
• ND statutes allocate damages in proportion to fault; a party's damages are reduced by their own percentage of fault, and liability is several, not joint, except for those acting in concert.
• The court treated Moore's claim as derivative of M.M.'s injuries, and held a parent cannot recover medical expenses when the child's fault exceeds the defendant's fault.
• Moore argues that ND law allows recovery of medical expenses in proportion to the defendant's fault, and relies on derivative and statutory theories.

Issues

Key Cases Cited

• Grager v. Schudar, 2009 ND 140 (2009) (interprets modified comparative fault framework)
• Saltsman v. Sharp, 2011 ND 172 (2011) (fault allocation under ND’s statute)
• Rodenburg v. Fargo-Moorhead YMCA, 2001 ND 139 (2001) (replaces joint with several liability by fault)
• Schneider v. Schaaf, 1999 ND 235 (1999) (statutory interpretation of fault allocation)
• Handeland v. Brown, 216 N.W.2d 574 (Iowa 1974) (derivative claim rationale rejected in ND context)
• Hockema v. J.S., 832 N.E.2d 537 (Ind. Ct. App. 2005) (parent recovery of child’s medical expenses when child’s fault exceeds defendant's)