Farrell v. Miller
Case Date: 06/01/1990
Docket No: 890380
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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
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