Dale Jensen died as a result of medical negligence on the part of a physician (defendant) employed by a hospital owned and operated by Intermountain Health Care, Inc. (Intermountain) (defendant). Jensen’s wife, Shirley (plaintiff), filed a medical malpractice suit against the physician and Intermountain. Prior to trial, Shirley settled with the defendant doctor and went to trial against Intermountain. After the trial, the jury returned a special verdict finding Dale 46 percent negligent in causing his own death, Intermountain 36 percent negligent, and the physician 18 percent negligent. The trial court entered judgment in favor of Shirley. Subsequently, the trial court set aside the original jury award and entered a judgment of no cause of action and dismissed the complaint. Shirley appealed.