Attorneys Jenna Bergman and Barton Cahill successfully represented the defendants in Alber v. Rodin, a negligence action arising from alleged carbon monoxide exposure at a farm shop. Following a jury trial, the jury returned a verdict finding the defendants were not negligent, and judgment was entered dismissing the plaintiff's claims.
The plaintiff appealed to the North Dakota Supreme Court, which affirmed the defense verdict in full, rejecting the plaintiff's arguments regarding the sufficiency of the evidence, the district court's jury instructions, and the award of expert witness fees. The decision leaves the jury's verdict intact and confirms the dismissal of the claims against the defendants.