Farrell v. MillerCivil No. 890380

Meschke, Justice.

The trial court dismissed Michelle Farrell's personal injury claim against Michael Miller for a gunshot wound in the leg which occurred during a tussle between them over his handgun. The trial court found that they were equally at fault. NDCC 32-03.2-02. Farrell appealed, arguing for the first time that "carrying a loaded handgun while drinking ... and while in the company of others who are drinking alcoholic beverages [was] an ultra-hazardous activity for which strict liability should be imposed." The findings of fact were not clearly erroneous. We affirm. NDRAppP 35.1(a)(2).

Herbert L. Meschke
Beryl J. Levine
Gerald W. VandeWalle
H.F. Gierke III
Ralph J. Erickstad, C.J.