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Beaudoin v. Texaco, Inc.

United States District Court for the District of North Dakota

653 F. Supp. 512 (1987)

Relevant factsFree

Mark Beaudoin (plaintiff), an employee of Wood Wireline, was sent to a Texaco (defendant) well site before dawn, with no artificial lighting set up, to run a pressure-gradient check. While uncoiling wire from a spool, Beaudoin was struck in the eye and became legally blind in that eye. He sued Texaco for negligently requiring the work in the dark without proper lighting or supervision; Texaco countered that Beaudoin mishandled the wire. Wireline itself was immune from suit under North Dakota law and wasn't a named defendant. The jury awarded over $44,000 and apportioned fault 60 percent to Wireline, 30 percent to Beaudoin, and 10 percent to Texaco, leaving the court to decide how to translate that apportionment into a judgment.

IssueFree

Whether, in a modified comparative-negligence jurisdiction applying the "unit" rule, a plaintiff's negligence bars recovery when it does not exceed the combined negligence of all defendants, including an immune joint tortfeasor.

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