Praus v. Mack

20000106 Carolina A. Praus, individually,
and on behalf of the heirs at law
of Christian Praus, deceased;
Carolina A. Praus, as trustee for
the North Dakota Workers Compensation
Bureau, Plaintiffs and Appellants
v.
Brian Mack, Keith Brown Trucking,
Inc., Defendants and Appellees
and
James Cape and Sons, Inc., Defendant, Third-Party
Plaintiff and Appellee
v.
Edling Electric Co., Third-Party Defendant
and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Debbie Gordon Kleven
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Pemberton, Sorlie, Rufer & Kershner, P.L.L.P.
Appellee: Morley Law Firm, Ltd.
Appellee: Nilles, Plambeck, Selbo & Harrie, Ltd.
Appellee: Camrud, Maddock, Olson & Larson, Ltd.
Appellee: Swanson & Warcup, Ltd.
Term: 11/2000   Argument: 11/28/2000  10:45am
ND cite: 2001 ND 80
NW cite: 626 N.W.2d 239


Issues: Appellant's Statement of the Issues:
I. Did the trial court commit reversible error in refusing to preclude or sever the indemnity claims of cape against Edling Electric and Keith Brown trucking from the negligence trial?
II. Did the trial court commit reversible error in refusing to permit plaintiffs' expert witnesses to state opinions concerning violation of specific federal and state safety regulations?
III. Did the trial court commit reversible error by failing to set forth instructions which fairly and adequately informed the jury of all applicable law?
Iv. Did an unauthorized view of the accident scene by jurors for the purpose of checking a witness's testimony constitute jury misconduct entitling plaintiffs to a new trial?
V. Did the trial court commit reversible error in granting additional peremptory challenges to parties with no adverse or antagonistic interests?

Appellee's Statement of the Issues:
1. Did the trial court commit reversible error in refusing to preclude or sever the indemnity claims of James Cape & Sons against Edling Electric and Keith Brown Trucking from the negligence trial?
2. Did the trial court commit reversible error in refusing to permit plaintiffs' expert witnesses to state opinions concerning violation of specific federal and state safety regulations?
3. Did the trial court commit reversible error by failing to set forth instructions that fairly and adequately informed the jury of all applicable law?
4. Did an unauthorized view of the accident scene by jurors for the purpose of checking a witnesses' testimony constitute jury misconduct entitling plaintiffs to a new trial?
5. That the trial court commit reversible error in granting additional peremptory challenges to parties with no adverse of antagonistic interests?

Appellee's Statement of the Issues:
Whether the trial court abused its discretion by allowing a party defending against a cross-claim or a third-party complaint seeking indemnification to participate at trial of a wrongful death case?br> Whether the trial court abused its discretion by allowing additional peremptory challenges to the plaintiffs, defendants, and third-party defendants?
Did the trial court abuse its discretion in refusing to permit plaintiffs' expert witnesses to state opinions concerning violation of specific federal and state safety regulations?
Did the trial court commit an abuse of discretion in the jury instructions given at trial?
Did an unauthorized view of the accident scene by jurors constitute jury misconduct requiring a new trial?
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Docket entries:
104/07/2000 NOTICE OF APPEAL: 04/06/2000
204/07/2000 ORDER FOR TRANSCRIPT: 04/06/2000
304/11/2000 Acknowledgment of Order for Transcript
404/11/2000 RETENTION OF RECORD ON APPEAL: 05/26/2000
505/17/2000 MOT. EXT/TIME TRANSCRIPT
605/17/2000 ACTION BY TRIAL COURT. Granted: 06/26/2000
706/26/2000 TRANSCRIPTS DATED 5-18-99 (VOL. I), 5-19-99 (Vol. II), 5-20-99 (Vol. III), 5-21-99 (Vol. IV),
806/26/2000 5-24-99 (Vol. V), 5-25-99 (Vol. VI), 5-26-99 (Vol. VII), 5-27-99 (Vol. VIII), 5-28-99 (Vol. IX,
906/26/2000 which includes TRA dated 6-01-99), 5-17-99, 9-14-99, and 11-29-99 (NOTE: front cover of Vol. IX
1006/26/2000 shows date as 5-25-99; however, page 1738 indicates it is 5-28-99)
1106/29/2000 DISKS (1 disk contains Vols. I-III; 1 disk contains Vols. V, VII, VIII, and TRA dated 6-01-99,
1206/29/2000 1 disk contains Vol. VI, 1 disk contains Vol. IX, 1 disk contains TRA dated 11-29-99,
1306/29/2000 1 disk contains TRA dated 9-14-99; NOTE: a disk for Vol. IV and TRA dated 5-17-99 from Audrey
1406/29/2000 Timberman was blank -- she then e-mailed them to us & they had to be copied using QuickView Plus
1506/29/2000 RECORD ON APPEAL (7 Vols.), Depositions, TRA dated 9-14-99, Exhibits (Not rec'd: No.70-Backup Court
1606/29/2000 Trial Notice (trial ct. clerk indicated it's misplaced), Nos. 286 & 287 (Def. Ex. 302 & 303 -
1706/29/2000 Accident site drawings, which were too large to mail)
1807/18/2000 Corrected cover page for Vol. IX of Transcript
1908/04/2000 APPELLANT BRIEF,WITH ATTACHED ADDENDUM
2008/04/2000 APPELLANT APPENDIX
2108/07/2000 DISK - atb
2211/28/2000 ARGUED: Kerschner; Plambeck; Wilson; Myerchin; Swanson (Vol. X; page 85)
2308/08/2000 Letter from H. Morrison Kershner dated 8-7-00 RE: corrections to ATB (inserted in front of ATB)
2409/05/2000 APPELLEE BRIEF (Edling Electric Co.) (No TOA in Brief)
2509/05/2000 APPELLEE APPENDIX (Edling Electric Co,.)
2609/05/2000 DISK - AE Brief (Edling Electric)
2709/06/2000 APPELLEE BRIEF (Brian Mack)
2809/06/2000 APPELLEE BRIEF ( James Cape and Sons, Inc.)
2909/06/2000 APPELLEE BRIEF (Keith Brown Trucking, Inc.)
3009/07/2000 DISK - AEB (James Cape & Sons)
3109/07/2000 DISK - AEB (Brian Mack)
3209/07/2000 DISK - AEB (Keith Brown Trucking)
3309/12/2000 DISK - AEB (James Cape & Sons - AE1) (Corrected)
3409/12/2000 Corrected T.O.A. & pages 13 & 14 for Brief of Appellee Keith Brown Trucking
3509/12/2000 DISK - AEB (Keith Brown Trucking - AE3) (Corrected)
3609/13/2000 Table of Contents and Table of Authorities for Brief of Appellee Edling Electric
3709/13/2000 DISK - AEB (Edling Electic - AEB) (Corrected)
3811/28/2000 APPEARANCES: H. Morrison Kerschner; Stephen W. Plambeck; Kraig A. Wilson; Gordon W. Myerchin;
3911/28/2000 Howard D. Swanson
4011/28/2000 ARGUED: Kerschner; Plambeck, Wilson, Myerchin, Swanson (Vol. X; page 85)
4105/01/2001 DISPOSITION: AFFIRMED
4205/01/2001 SPLIT OPINION: Kapsner, Carol Ronning
4305/01/2001 (CONCUR in Result): Neumann, William A.: CON/RES
4405/01/2001 (DISSENT): Maring, Mary Muehlen: DISSENT
4505/01/2001 (DISSENT): VandeWalle, Gerald W.: DISSENT
4605/02/2001 Order/Judgment Mailed to Parties
4706/04/2001 MANDATE
4806/15/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4905/22/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/21/2014