Fetch v. Quam

20000256 Greg Fetch, Personal
Representative of the
Estate of Waylin Fetch, Plaintiff and Appellant
v.
Kelly M. Quam, Defendant
v.
American Hardware Mutual
Insurance Company, Intervenor and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Gail Hagerty
Nature of Action: Personal Injury
Counsel:
Appellant: Carpenter Law Offices
Appellee: Pearce & Durick
Defendant: Zuger Kirmis & Smith
Term: 01/2001   Argument: 01/04/2001  1:30pm
ND cite: 2001 ND 48
NW cite: 623 N.W.2d 357

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Issues: Appellant's Statement of the Issues:
A. What is the standard of review of summary judgment cases?
B Whether there was a genuine dispute of material facts and whether american hardware was entitled to judgment as a matter of law?
C. Whether the question of bad faith conduct is for the jury to determine?

Appellee's Statement of the Issues:
Whether the district court erred when it granted American Hardware's motion for summary judgment and dismissed Fetch's complaint.

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Docket entries:
109/07/2000 NOTICE OF APPEAL: 09/06/2000
209/07/2000 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
310/10/2000 RECORD ON APPEAL (3 Vol.) exh. & trans. dated August 27, 1991, January 3, 1994, & January 4, 1994
410/10/2000 Not sent were Entry #71 (Plaintiff's Exhibits 1 & 4 and only 1 Exhibit #3. Also not received
510/10/2000 was Entry #156 (Affidavit of Kerry Carpenter/Certificate of Service)
610/17/2000 MOT. EXT/TIME APPELLANT BRIEF
710/17/2000 ACTION BY CLERK. Granted: 10/18/2000
810/17/2000 APPELLANT BRIEF
910/17/2000 attachment to ATB
1010/17/2000 APPELLANT APPENDIX
1110/17/2000 DISK - ATB
1210/24/2000 Corrected TOA & page 14 for ATB
1310/24/2000 DISK - atb (corrected)
1411/20/2000 APPELLEE BRIEF
1511/20/2000 DISK of AEB
1611/21/2000 SUPPLEMENTAL APPENDIX
1812/21/2000 SITTING WITH THE COURT: McClintock, Jr., John C.
1901/04/2001 APPEARANCES: Deborah J. Carpenter; David E. Reich
2001/04/2001 ARGUED: Carpenter; Reich (Vol. X; page 100)
2101/04/2001 ORAL ARGUMENT WEBCAST
2203/07/2001 DISPOSITION: AFFIRMED
2303/07/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
2403/07/2001 Costs on appeal taxed in favor of Appellee
2503/30/2001 MANDATE
2604/03/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2707/01/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/24/2014