Albrecht v. Metro Area Ambulance
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| 20000226 |
Laura Rae Albrecht, Plaintiff and Appellant
v.
Metro Area Ambulance
and Kent Hummel, Defendants and Appellees
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Burt L. Riskedahl |
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Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
02/2001 Argument: 02/26/2001 02:45pm
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| ND cite: |
2001 ND 61
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| NW cite: |
623 N.W.2d 367
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Whether Plaintiff, Laura R. Albrecht (Laura), must lose the case as a matter of law because "some showing of damages is essential in order to make out a prima facie case in this type of action."
2. Whether Laura must lose the case as a matter of law because she "offered absolutely no evidence establishing damages, and it would require speculation, conjecture, and surmise by the court to order an award of damages."
3. Whether nominal damages can be lawfully denied to Laura when the denial was based upon mistaken interpretations of the legal questions presented in issues #1 and #2.
Appellee's Statement of the Issues:
Whether the district court abused its discretion when it denied a motion for new trial that failed to meet the particularity requirement, that acknowledged sufficient evidence of damages for a prima facie case had not been presented, and that, on
appeal, raises issues not raised in the motion.
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| 1 | | 08/09/2000 | |
NOTICE OF APPEAL: 08/07/2000 |
| 2 | | 08/29/2000 | |
ORDER FOR TRANSCRIPT (Sharon Fox): 08/17/2000 |
| 3 | | 08/29/2000 | |
RETENTION OF RECORD ON APPEAL (Sharon Fox): 10/06/2000 |
| 4 | | 08/29/2000 | |
MOT. EXT/TIME APPELLANT BRIEF (sua sponte) |
| 5 | | 08/29/2000 | |
ACTION BY CLERK (NOTE: delete MAT/ACL when ATB is filed). Granted: 09/16/2000 |
| 6 | | 09/13/2000 | |
Ltr w/attached Petition In Forma Pauperis from David Boeck (Petition not complete) |
| 7 | | 09/18/2000 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 09/18/2000 | |
ACTION BY CLERK (ATB will be due 40 days after TRA is filed.). Granted: 11/22/2000 |
| 9 | | 09/25/2000 | |
MOTION PETITION IN FORMA PAUPERIS TO WAIVE FILING FEE ON APPEAL W/COVER LTR |
| 10 | | 09/28/2000 | |
ACTION BY CLERK (Mot. Pet. In Forma Pauperis). Granted |
| 11 | | 10/06/2000 | |
MOT. EXT/TIME TRANSCRIPT |
| 12 | | 10/06/2000 | |
ACTION BY TRIAL COURT. Granted: 11/15/2000 |
| 13 | | 10/13/2000 | |
TRANSCRIPT DATED 1-19-00 |
| 14 | | 10/13/2000 | |
DISK - TRA dated 1-19-00 |
| 15 | | 10/19/2000 | |
RECORD ON APPEAL & separates 69(partial transcript), 58(transcript), 57(memorandum), 49(trial |
| 16 | | 04/19/2001 | |
MANDATE |
| 17 | | 10/19/2000 | |
brief and attachment), 21(exhibits) |
| 18 | | 11/21/2000 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 19 | | 11/21/2000 | |
ACTION BY CLERK. Granted: 12/01/2000 |
| 20 | | 04/03/2001 | |
Corrected/Substitute Opinion Pages (Cover 4th para., 1st line; Page 1, para. 2, line one) |
| 21 | | 12/04/2000 | |
APPELLANT BRIEF |
| 22 | | 12/04/2000 | |
APPELLANT APPENDIX |
| 23 | | 12/05/2000 | |
DISK - ATB |
| 24 | | 01/03/2001 | |
APPELLEE BRIEF |
| 25 | | 01/03/2001 | |
APPELLEE APPENDIX |
| 26 | | 01/03/2001 | |
DISK - AEB |
| 27 | | 01/23/2001 | |
REPLY BRIEF of Appellant |
| 28 | | 01/30/2001 | |
DISK - RYB |
| 29 | | 02/26/2001 | |
APPEARANCES: David Boeck, Laura Albrecht; Tracy Vigness Kolb, Lance D. Schreiner |
| 30 | | 02/26/2001 | |
ARGUED: Boeck; Kolb (Vol. X; page 113) |
| 31 | | 02/26/2001 | |
ORAL ARGUMENT WEBCAST |
| 32 | | 03/20/2001 | |
DISPOSITION: REVERSED AND REMANDED |
| 33 | | 03/20/2001 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 34 | | 03/20/2001 | |
Costs on appeal taxed in favor of appellant |
| 35 | | 03/21/2001 | |
Order/Judgment Mailed to Parties |
| 36 | | 04/19/2001 | |
MANDATE |
| 37 | | 04/25/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 38 | | 06/25/2007 | |
EXPUNGED - Nonpermanent record items destroyed |