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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 Add Docket 20000106 RSS
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| 1 | | 04/07/2000 | |
NOTICE OF APPEAL: 04/06/2000 |
| 2 | | 04/07/2000 | |
ORDER FOR TRANSCRIPT: 04/06/2000 |
| 3 | | 04/11/2000 | |
Acknowledgment of Order for Transcript |
| 4 | | 04/11/2000 | |
RETENTION OF RECORD ON APPEAL: 05/26/2000 |
| 5 | | 05/17/2000 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 05/17/2000 | |
ACTION BY TRIAL COURT. Granted: 06/26/2000 |
| 7 | | 06/26/2000 | |
TRANSCRIPTS DATED 5-18-99 (VOL. I), 5-19-99 (Vol. II), 5-20-99 (Vol. III), 5-21-99 (Vol. IV), |
| 8 | | 06/26/2000 | |
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, |
| 9 | | 06/26/2000 | |
which includes TRA dated 6-01-99), 5-17-99, 9-14-99, and 11-29-99 (NOTE: front cover of Vol. IX |
| 10 | | 06/26/2000 | |
shows date as 5-25-99; however, page 1738 indicates it is 5-28-99) |
| 11 | | 06/29/2000 | |
DISKS (1 disk contains Vols. I-III; 1 disk contains Vols. V, VII, VIII, and TRA dated 6-01-99, |
| 12 | | 06/29/2000 | |
1 disk contains Vol. VI, 1 disk contains Vol. IX, 1 disk contains TRA dated 11-29-99, |
| 13 | | 06/29/2000 | |
1 disk contains TRA dated 9-14-99; NOTE: a disk for Vol. IV and TRA dated 5-17-99 from Audrey |
| 14 | | 06/29/2000 | |
Timberman was blank -- she then e-mailed them to us & they had to be copied using QuickView Plus |
| 15 | | 06/29/2000 | |
RECORD ON APPEAL (7 Vols.), Depositions, TRA dated 9-14-99, Exhibits (Not rec'd: No.70-Backup Court |
| 16 | | 06/29/2000 | |
Trial Notice (trial ct. clerk indicated it's misplaced), Nos. 286 & 287 (Def. Ex. 302 & 303 - |
| 17 | | 06/29/2000 | |
Accident site drawings, which were too large to mail) |
| 18 | | 07/18/2000 | |
Corrected cover page for Vol. IX of Transcript |
| 19 | | 08/04/2000 | |
APPELLANT BRIEF,WITH ATTACHED ADDENDUM |
| 20 | | 08/04/2000 | |
APPELLANT APPENDIX |
| 21 | | 08/07/2000 | |
DISK - atb |
| 22 | | 11/28/2000 | |
ARGUED: Kerschner; Plambeck; Wilson; Myerchin; Swanson (Vol. X; page 85) |
| 23 | | 08/08/2000 | |
Letter from H. Morrison Kershner dated 8-7-00 RE: corrections to ATB (inserted in front of ATB) |
| 24 | | 09/05/2000 | |
APPELLEE BRIEF (Edling Electric Co.) (No TOA in Brief) |
| 25 | | 09/05/2000 | |
APPELLEE APPENDIX (Edling Electric Co,.) |
| 26 | | 09/05/2000 | |
DISK - AE Brief (Edling Electric) |
| 27 | | 09/06/2000 | |
APPELLEE BRIEF (Brian Mack) |
| 28 | | 09/06/2000 | |
APPELLEE BRIEF ( James Cape and Sons, Inc.) |
| 29 | | 09/06/2000 | |
APPELLEE BRIEF (Keith Brown Trucking, Inc.) |
| 30 | | 09/07/2000 | |
DISK - AEB (James Cape & Sons) |
| 31 | | 09/07/2000 | |
DISK - AEB (Brian Mack) |
| 32 | | 09/07/2000 | |
DISK - AEB (Keith Brown Trucking) |
| 33 | | 09/12/2000 | |
DISK - AEB (James Cape & Sons - AE1) (Corrected) |
| 34 | | 09/12/2000 | |
Corrected T.O.A. & pages 13 & 14 for Brief of Appellee Keith Brown Trucking |
| 35 | | 09/12/2000 | |
DISK - AEB (Keith Brown Trucking - AE3) (Corrected) |
| 36 | | 09/13/2000 | |
Table of Contents and Table of Authorities for Brief of Appellee Edling Electric |
| 37 | | 09/13/2000 | |
DISK - AEB (Edling Electic - AEB) (Corrected) |
| 38 | | 11/28/2000 | |
APPEARANCES: H. Morrison Kerschner; Stephen W. Plambeck; Kraig A. Wilson; Gordon W. Myerchin; |
| 39 | | 11/28/2000 | |
Howard D. Swanson |
| 40 | | 11/28/2000 | |
ARGUED: Kerschner; Plambeck, Wilson, Myerchin, Swanson (Vol. X; page 85) |
| 41 | | 05/01/2001 | |
DISPOSITION: AFFIRMED |
| 42 | | 05/01/2001 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 43 | | 05/01/2001 | |
(CONCUR in Result): Neumann, William A.: CON/RES |
| 44 | | 05/01/2001 | |
(DISSENT): Maring, Mary Muehlen: DISSENT |
| 45 | | 05/01/2001 | |
(DISSENT): VandeWalle, Gerald W.: DISSENT |
| 46 | | 05/02/2001 | |
Order/Judgment Mailed to Parties |
| 47 | | 06/04/2001 | |
MANDATE |
| 48 | | 06/15/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 49 | | 05/22/2007 | |
EXPUNGED - Nonpermanent record items destroyed |