Beaudoin v. Texaco, Inc.

653 F. Supp. 512 · District Court, D. North Dakota · 1987

Facts

Mark Beaudoin, a Wood Wireline employee, was injured while working on a Texaco well site, resulting in legal blindness in one eye. A jury found Beaudoin 30% negligent, Texaco 10% negligent, and Beaudoin's employer, Wood Wireline (immune under worker's compensation), 60% negligent. The court needed to determine how to apply North Dakota's comparative negligence statute to this apportionment.

Issue

Does North Dakota's comparative negligence statute (NDCC § 9-10-07) apply the "Wisconsin rule," comparing a plaintiff's negligence to each individual defendant, or the "unit rule," comparing the plaintiff's negligence to the combined negligence of all other negligent actors, including immune parties?

Holding

The court held that North Dakota's comparative negligence statute mandates the "unit rule," comparing the plaintiff's negligence to the aggregate negligence of all other negligent parties, including statutorily immune employers. Consequently, Beaudoin (30% negligent) could recover because his negligence was less than the combined negligence of Texaco (10%) and Wood Wireline (60%), totaling 70%. Texaco, as a joint tortfeasor, was ordered to pay 70% of the damages.

Rule

North Dakota's comparative negligence statute (NDCC § 9-10-07) adopts the "unit rule," where a plaintiff's negligence is compared to the sum of the negligence of all other negligent actors, including those immune from suit. If the plaintiff's negligence is less than this combined total, recovery is permitted, and joint tortfeasors are liable for the share of negligence attributed to immune parties.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.