| 1:30pm | Monday, May 12, 2008 | ||||||
| 20070329 |
Dr. Larry Martin, Plaintiff, Appellant
and Cross-Appellee v. Trinity Hospital, Defendant, Appellee and Cross-Appellant | ||||||
| Appeal from: | Northwest Judicial District, Ward County, Judge Gary H. Lee | ||||||
| Nature of Action: | Contracts | ||||||
| Counsel: |
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| Issues: |
Appellant's Statement of the Issues: 1.The Lower Court Erred in Granting a Directed Verdict. 2.The Lower Court Became an Advocate on Behalf of Trinity. 3.The Lower Court Abused Its Discretion in Not Requiring or Allowing Pre-Trial Discovery or Enforcement of the Trial Subpoenas. Appellee's Statement of the Issues: The Trial Court's award of judgment as a matter of law is compelled by Martin's failure to offer critical evidence regarding alleged contract damages. The Trial Court's decision regarding discovery is supported by the evidence and its previously issued written order. Cross Appeal: The Trial Court erred when it failed to grant judgment as a matter of law in favor of Trinity based on the fact that under the plain, unambiguous terms of the employment contract, Martin's term of employment ended on February 28, 2003; thus, Trinity did not breach the contract and Martin was not entitled to the production bonus that he claimed. | ||||||
| Briefs: |
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Generated from Supreme Court Docket on 05/30/2008 | |||||||