Berger v. Gratz

Case Date: 09/20/1988
Docket No: 880056

Berger v. GratzCivil No. 880056

Gierke, Justice.

Plaintiff Susan Berger appeals from a district court judgment which dismissed with prejudice her suit and awarded costs to the defendant, Steven Gratz. Berger argues that the trial court was clearly erroneous in finding that her negligence was greater than the negligence of the defendant. We conclude the findings of fact are not clearly erroneous and therefore the judgment of the trial court is affirmed pursuant to Rule 35.1(a)(2), N.D.R.App.P.

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