North Dakota Supreme Court

Wollan v. Innovis Health

August 28, 20242024 ND 169

Summary

The court held that the jury’s special verdict could not be reconciled because the amount of past economic damages assessed against the defendant was inconsistent with the jury’s 25 percent fault allocation and lacked evidentiary support. The district court therefore abused its discretion by denying a new-trial motion, requiring reversal of the judgment and remand for a new trial. The court also upheld the exclusion of settlement evidence under the applicable evidence rule, while directing that any renewed evidentiary ruling be made in the context of the evidence presented at trial.