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Where an intoxicated passenger was injured when she fell from a driver’s vehicle, and the district court imposed a heightened duty and a greater proportion of fault on the driver because of her role as the designated sober driver for a group of intoxicated friends, the apportionment of fault was materially influenced by the driver’s designated driver status, which was not supported by findings of fact, so the judgment is vacated and remanded.
Judgment is reversed and remanded.
Hiltner v. Owners Insurance Company (MLW No. 70958/Case No. 16-3217 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of North Dakota, Erickson, J. (Sean Francis Marrin, Grand Forks, North Dakota, argued for appellant; Michael J. Morley appeared on the brief) (Keith L. Miller, Moorhead, Minnesota, argued for appellee).
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