Fetch v. Quam
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| 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
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Gail Hagerty |
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Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
01/2001 Argument: 01/04/2001 01:30pm
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| ND cite: |
2001 ND 48
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| NW cite: |
623 N.W.2d 357
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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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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| 1 | | 09/07/2000 | |
NOTICE OF APPEAL: 09/06/2000 |
| 2 | | 09/07/2000 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 3 | | 10/10/2000 | |
RECORD ON APPEAL (3 Vol.) exh. & trans. dated August 27, 1991, January 3, 1994, & January 4, 1994 |
| 4 | | 10/10/2000 | |
Not sent were Entry #71 (Plaintiff's Exhibits 1 & 4 and only 1 Exhibit #3. Also not received |
| 5 | | 10/10/2000 | |
was Entry #156 (Affidavit of Kerry Carpenter/Certificate of Service) |
| 6 | | 10/17/2000 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 7 | | 10/17/2000 | |
ACTION BY CLERK. Granted: 10/18/2000 |
| 8 | | 10/17/2000 | |
APPELLANT BRIEF |
| 9 | | 10/17/2000 | |
attachment to ATB |
| 10 | | 10/17/2000 | |
APPELLANT APPENDIX |
| 11 | | 10/17/2000 | |
DISK - ATB |
| 12 | | 10/24/2000 | |
Corrected TOA & page 14 for ATB |
| 13 | | 10/24/2000 | |
DISK - atb (corrected) |
| 14 | | 11/20/2000 | |
APPELLEE BRIEF |
| 15 | | 11/20/2000 | |
DISK of AEB |
| 16 | | 11/21/2000 | |
SUPPLEMENTAL APPENDIX |
| 18 | | 12/21/2000 | |
SITTING WITH THE COURT: McClintock, Jr., John C. |
| 19 | | 01/04/2001 | |
APPEARANCES: Deborah J. Carpenter; David E. Reich |
| 20 | | 01/04/2001 | |
ARGUED: Carpenter; Reich (Vol. X; page 100) |
| 21 | | 01/04/2001 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 03/07/2001 | |
DISPOSITION: AFFIRMED |
| 23 | | 03/07/2001 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 24 | | 03/07/2001 | |
Costs on appeal taxed in favor of Appellee |
| 25 | | 03/30/2001 | |
MANDATE |
| 26 | | 04/03/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 27 | | 07/01/2007 | |
EXPUNGED - Nonpermanent record items destroyed |