Schaefer v. Souris River Telecom.

20000011 Joseph F. Schaefer and
LaVonne J. Schaefer, Plaintiffs and Appellants
v.
Souris River
Telecommunications
Cooperative and
Gerald Pettys, Defendants and Appellees

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary A. Holum
Nature of Action: Personal Injury
Counsel:
Appellant: Robert V. Bolinske
Appellee: Pringle & Herigstad, P.C.
Term: 09/2000   Argument: 09/05/2000  9:30am
ND cite: 2000 ND 187
NW cite: 618 N.W.2d 175


Issues: Appellant's Statement of the Issues:
I.Are plaintiffs Joe and LaVonne Schaefer entitled to a new trial because of errors of law and other irregularities which occurred at trial?
II.Did the trial court erroneously exclude plaintiffs' documentation evidencing some $2,200 in medication expense, thereby misleading the jury to conclude that plaintiff had not exceeded the $2,500 medical expense threshold necessary to establish a "serious injury"?
III.Did the trial court erroneously exclude plaintiffs' medical and drug expense documentation on foundational grounds when the foundation thereto had actually already been stipulated to by counsel for the parties?
IV.Are plaintiffs entitled to a new trial because defendants abused the discovery process by failing to turn over relevant documents which were specifically requested in discovery?
V.Are plaintiffs entitled to a new trial because the trial court erroneously refused to allow plaintiffs' counsel to read into evidence the depositions of plaintiffs' expert witness doctors and instead allowed defendants' counsel to do so?
VI.Did the trial court's conduct surrounding the exclusion of the medical and drug expense summaries constitute an irregularity which prevented plaintiffs from receiving a fair trial?
VII.Did the cumulative effect of the trial court's errors of law and the other irregularities which occurred during the trial deprive plaintiffs of a fair trial, thereby entitling them to a new trial?

Appellee's Statement of the Issues:
The court properly excluded Plaintiffs' Exhibits 14 and 16
Defendants did not stipulate to foundation of exhibits 16 and 14
Defendants did not abuse the discovery process and any oversight did not prejudice plaintiffs in any way
The trial court's handling of reading depositions into evidence was appropriate

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Docket entries:
101/12/2000 NOTICE OF APPEAL: 01/11/2000
201/12/2000 ORDER FOR TRANSCRIPT: 01/11/2000
301/18/2000 RETENTION OF RECORD ON APPEAL: 03/01/2000
403/03/2000 TRANS. DATED 2-25-99; 3-8-99 (Vols. I, II, & III) and two copies of Trans. dated 8-31-98
503/03/2000 DISKS - TRA (2disks) (8-31-98, 2-25-99, 3-8-99-3 vols)
603/09/2000 RECORD ON APPEAL (2 vols.), Exhibits, Transcripts (2), & Depositions (4) -- NOTE: Not rec'd were:
703/09/2000 #52-Exh. 2 (Bumper), 62-Exh. 12 (Steel Bar), 71-Exh. C (Large Photo), 72-Exh. D (Large Photo) &
803/09/2000 73-Exh. E (Large Photo)
903/31/2000 COMBINED NOTICE OF MOT., MOT. EXT/TIME APPELLANT BRIEF & BRIEF IN SUPPORT
1003/31/2000 ACTION BY CHIEF DEPUTY CLERK (CMB). Granted: 05/12/2000
1105/05/2000 MOT. EXT/TIME APPELLANT BRIEF (w/attach.)
1205/08/2000 ACTION BY CHIEF JUSTICE (ATB). Granted: 05/22/2000
1305/22/2000 APPELLANT APPENDIX
1405/26/2000 Motion for add'l time to comply w/Rule 32 (letter from Mr. Bolinske dated 5-25-00)
1505/26/2000 ACTION BY CLERK (add'l time to comply w/Rule 32). Granted
1606/02/2000 APPELLANT BRIEF (corrected) & Aff. of Service by mail
1706/02/2000 DISK - ATB
1806/30/2000 APPELLEE BRIEF
1907/03/2000 DISK - aeb
2007/17/2000 MOT. EXT/TIME REPLY BRIEF
2107/17/2000 ACTION BY CLERK. Granted: 07/27/2000
2207/27/2000 REPLY BRIEF of Appellant
2307/27/2000 attached exhibits to RYB
2407/27/2000 DISK-ryb
2508/01/2000 Copies of corrected Issues page for ATB
2609/05/2000 APPEARANCES: Robert V. Bolinske; James E. Nostdahl
2709/05/2000 ARGUED: Bolinske; Nostdahl (Vol. X; page 49)
2809/05/2000 ORAL ARGUMENT WEBCAST
2910/26/2000 DISPOSITION: AFFIRMED
3010/26/2000 UNANIMOUS OPINION: Neumann, William A.
3110/26/2000 Costs on appeal taxed in favor of appellees
3210/27/2000 Order/Judgment Mailed to Parties
3311/29/2000 MANDATE
3411/30/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3504/30/2007 EXPUNGED - Nonpermanent record items destroyed

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