This section contains the nature of the case and procedural background.

P was an employee of Wood Wireline. D hired Wireline to conduct a pressure gradient check on D's well, CM Loomer #13 near Keene, North Dakota. P and a co-worker arrived on the unlighted site before dawn to prepare their equipment for the job. There were no lights erected to aid P. P was uncoiling wire from a large spool mounted on the wireline rig when he was struck in the left eye by the end of the wire. He is now legally blind in that eye. D's employee, John Spain, who was to supervise the work being done, arrived after the incident occurred. P sued D for D's alleged negligence in requiring the work to commence at an hour that would require the equipment to be set up in darkness, in failing to provide proper lighting, and in failing to properly supervise the work. D alleged P was negligent in handling the wire carelessly. Wireline is immune from liability under the provisions of North Dakota's worker's compensation law. The jury found damages of $44,057.04, and apportioned the negligence causing the injury as follows; 60% to Wireline, 30% to P, and 10% to D. The court must render judgment.

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