North Dakota Supreme Court upholds tort cap constitutionality

 

The North Dakota Supreme Court upheld the constitutionality of North Dakota's tort cap for political subdivisions in its March 19 ruling in Larimore Public School District. No. 44, et al v. Aamodt, et al. In 2015, a school bus collided with a train and one child died. Parents of nine children sued Larimore Public School District No. 44, and the North Dakota Insurance Reserve Fund (NDIRF), asserting the damage caps in effect were unconstitutional. The supreme court's ruling supports an earlier district court decision on behalf of the school district and NDIRF. The case is still subject to a re-hearing.

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