McDowell v. Gillie

20000269 Nicki A. McDowell and
Charles W. McDowell, Plaintiffs and Appellants
v.
James Gillie and
Florence Swanson, Defendants and Appellees

Appeal from: District Court, East Central Judicial District, Traill County
Judge Norman J. Backes
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Crowley, Haughey, Hanson, Toole & Dietrich
Appellee: Fleck, Mather & Strutz
Term: 01/2001   Argument: 01/18/2001  Waived
ND cite: 2001 ND 91
NW cite: 626 N.W.2d 666


Issues: Appellant's Statement of the Issues:
I. Did the District Court commit reversible error when it concluded that there were no genuine issues of material fact, so that Defendants were entitled, as a matter of law, to the statutory immunity provided by North Dakota's Good Samaritan Act?
II. Did the District Court commit reversible error when it concluded, as a matter of law, that the mere act of stopping at the scene of an automobile accident and inquiring whether any assistance was required constitutes rendering "aid or assistance" within the meaning of the Good Samaritan Act?

Appellee's Statement of the Issues:
Gillie and Swanson ("Gillie") see the issue on appeal as follows:
1. Did the trial court correctly apply, as a matter of law, North Dakota's Good Samaritan Act in dismissing a personal injury lawsuit brought by Nicki A. McDowell and Charles McDowell?

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Docket entries:
109/25/2000 NOTICE OF APPEAL: 09/22/2000
210/19/2000 RECORD ON APPEAL (2 volumes)
310/31/2000 MOT. EXT/TIME APPELLANT BRIEF Aff. of Shane D. Peterson (faxed copies)
410/31/2000 ACTION BY CLERK (MAT). Granted: 11/15/2000
511/01/2000 MOT/EXT/TIME ATB & AFFIDAVIT OF SHANE D. PETERSON (same as faxed copies filed 10-31-00)
611/14/2000 APPELLANT BRIEF
711/14/2000 APPELLANT APPENDIX
811/15/2000 DISK - ATB
912/12/2000 APPELLEE BRIEF
1012/12/2000 DISK - AEB
1101/18/2001 STIPULATION TO WAIVE OA (AT/AE) (Faxed)
1201/18/2001 ACTION BY SUPREME COURT (OA waived). Granted
1301/18/2001 APPEARANCES: submitted on records and briefs filed
1401/18/2001 ARGUED: submitted on records and briefs filed (Vol. X; page 105)
1501/23/2001 ORIGINAL STIPULATION FOR WAIVER OF ORAL ARGUMENT AND SUBMISSION ON BRIEFS
1605/22/2001 DISPOSITION: REVERSED AND REMANDED
1705/22/2001 SPLIT OPINION: Kapsner, Carol Ronning
1805/22/2001 (CONCUR IN THE RESULT): VandeWalle, Gerald W.: CON/RES
1905/22/2001 Costs on appeal taxed in favor of appellants
2005/24/2001 Order/Judgment Mailed to Parties
2106/14/2001 MANDATE
2206/15/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2307/03/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/18/2014