Nodak Mutual Farm Bur. v. Kosmatka

20000213 Nodak Mutual Farm Bureau, Plaintiff and Appellee
v.
Jason Kosmatka, Holly Anderson,
Nathan Lubarski, Defendants and Appellees
and
James E. Nelson, individually,
and Kathleen F. Nelson, individually,
and as the personal representative of
the estate of Matthew E. Nelson, Defendants and Appellants
and
Jason Kosmatka, Third-Party Plaintiff
v.
Scott Johnson, Third-Party Defendant
Appeal from: District Court, East Central Judicial District, Cass County
Judge Michael O. McGuire
Nature of Action: Insurance
Counsel:
Appellant: Lee Hagen Law Office, Ltd.
Appellee: Ohnstad Twichell, P.C.
Appellee: Lawyer not licensed in N.D.
Appellee: #Smith Bakke Oppegard Porsborg Wolf
Appellee: Brink, Sobolik, Severson, Malm & Albrecht, P.A.
Appellee: Lawyer not licensed in N.D.
Term: 11/2000   Argument: 11/02/2000  04:00pm
ND cite: 2000 ND 210
NW cite: 619 N.W.2d 852

Issues: Appellant's Statement of the Issues:
Where a wrongful death verdict is returned in favor of a child's surviving parents and in favor of the child for his conscious pain and suffering prior to death, are the parents entitled to recover the liability limits under the "per occurrence" portion of the liability policy in addition to the "per person" liability limit previously received?

Appellee's Statement of the Issues:
Can the Nelsons, asserting multiple claims arising from the injuries to, and death of, Matthew E. Nelson, recover from this particular Nodak Automaster policy more than the limit of bodily injury liability coverage provided for "each person" under that policy?

Appellee's Statement of the Issues:
Whether the damages recoverable for claims brought for the injury and death of one individual involved in an accident in which there were multiple injured persons is subject to the "each person" limit of liability provided by the at-fault driver's liability policy?
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Docket entries:
107/31/2000 NOTICE OF APPEAL: 07/28/2000
208/29/2000 RECORD ON APPEAL, w/exception of Enry Nos. 20 & 42 (tapes)
309/06/2000 APPELLANT BRIEF
409/06/2000 APPELLANT APPENDIX
509/07/2000 DISK - ATB
609/11/2000 Letter from Bernard Reynolds dated 9-8-00 RE: Third Party Defendant Scott Johnson will not be
709/11/2000 filing a brief or taking a position in this appeal.
809/08/2000 SUPPLEMENTAL CLERK'S CERTIFICATE DATED SEPTEMBER 6, 2000, NOs. 57 - 59
910/05/2000 APPELLEE BRIEF (Appellee Jason Kosmatka)
1010/06/2000 DISK - AEB
1110/09/2000 APPELLEE BRIEF (Nodak Mutual Farm Bureau)
1210/10/2000 DISK - AEB (Jason Kosmatka)
1310/10/2000 MOTION FOR LIMITED ADMISSION FOR ORAL ARGUMENT & AFFIDAVIT OF TROY WOLF
1410/10/2000 Letter dated 10-06-00 from Robert M. Albrecht (Nathan Lubarski joins in the Brief of AE Jason
1510/10/2000 Kosmatka and will rely on OA of Mr. Hoy on behalf of Mr. Kosmatka (DISTRIBUTE w/BRIEFS)
1610/10/2000 Letter dated 10-06-00 from Jeffrey D. Pederson and Timothy J. Pederson (Hollie Anderson joins in
1710/10/2000 brief and position advocated by atty. for Jason Kosmatka) (DISTRIBUTE W/BRIEFS)
1810/12/2000 ACTION BY CLERK (Mot/Limited Admission for Oral Argument). Granted
1910/18/2000 Copy of Motion for Limited Admission for Oral Argument and Affidavit of Troy A. Wolf
2010/31/2000 Faxed letter dated 10-31-00 from H. Patrick Weir, Jr. stating he will not be attending OA - would
2110/31/2000 be agreeable to submit the case to the Ct. on the briefs
2210/31/2000 Faxed letter dated 10-09-00 from Troy A. Wolf & Paul R. Oppegard stating they will not be attending
2310/31/2000 OA - would be agreeable to submit the case to the Ct. on briefs
2410/31/2000 Faxed letter dated 10-31-00 from Robert G. Hoy stating he will not be attending OA - would be
2510/31/2000 willing to submit the case to the Ct. on the briefs
2611/01/2000 Original letter dated 10-31-00 from H. Patrick Weir, Jr.
2711/01/2000 Original letter dated 10-31-00 from Robert G. Hoy
2811/01/2000 NOTE: Court didn't objection to waiver of OA; therefore, OA canceled and the case will be
2911/02/2000 submitted to the Court on the briefs filed
3011/02/2000 APPEARANCES: submitted on the records and briefs filed
3111/02/2000 ARGUED: submitted on the records and briefs filed (Vol. X; page 78)
3212/07/2000 DISPOSITION: DISMISSED
3312/07/2000 UNANIMOUS OPINION: Sandstrom, Dale V.
3412/07/2000 Costs on appeal taxed in favor of appellees
3512/11/2000 Order/Judgment Mailed to Parties
3612/13/2000 AMENDED JUDGMENT
3712/13/2000 Order/Judgment Mailed to Parties (Amended Judgment)
3801/05/2001 SECOND AMENDED JUDGMENT
3901/08/2001 Order/Judgment Mailed to Parties (Second Amended Judgment)
4001/08/2001 MANDATE
4101/12/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4206/22/2007 EXPUNGED - Nonpermanent record items destroyed

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