Rodenburg v. Fargo-Moorhead Y.M.C.A.
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| 20000279 |
Clifton Rodenburg and
Donna Rodenburg, Plaintiffs and Appellants
v.
Fargo-Moorhead Young Men's
Christian Association,
and Patrick Parker, Defendants and Appellees
and
William J. Hart,
Mark Lathrop and
Amelia Oponski, Defendants
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Ralph Robert Erickson |
|
Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
|
| Term: |
03/2001 Argument: 03/13/2001 01:30pm
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| ND cite: |
2001 ND 139
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| NW cite: |
632 N.W.2d 407
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Viewing the evidence most favorably to the verdict, is the jury's finding that the YMCA was not negligent clearly contrary to the evidence; and did the court abuse its discretion in denying plaintiffs' motion for a new trial?
2. Did Iowa Defendant Patrick Parker become subject to North Dakota court jurisdiction when he provided a dangerous firearm knowing it would be brought to North Dakota under suspicious circumstances?
3. Does N.D.C.C. 32-03.2-02 permit comparison of the negligence of the Fargo-Moorhead YMCA with Hart's intentional assault?
Appellee's Statement of the Issues:
I. Whether the Trial Court Properly Held That It Lacked Personal Jurisdiction Over Iowa Defendant Patrick Parker.
II. Whether Appellants Are Restricted On Appeal to Those Issues Raised in the Motion for New Trial.
Appellee's Statement of the Issues:
1. Have the Rodenburgs met their burden of proving that the trial court abused its discretion and acted arbitrarily, unreasonably or unconscionably by finding that the verdict was not against the weight of the evidence and by denying the Rodenburgs'
motion for a new trial?
2. Whether the Rodenburgs have met their burden of proving that the trial court abused his discretion and acted arbitrarily, unreasonably or unconscionably by finding that the verdict was not a product of erroneous instructions relating to
comparative fault.
3. Did the trial court commit error in finding that the court lacked jurisdiction over Defendant Parker?
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| 1 | | 10/10/2000 | |
NOTICE OF APPEAL: 10/04/2000 |
| 2 | | 10/10/2000 | |
ORDER FOR TRANSCRIPT: 10/04/2000 |
| 3 | | 10/31/2000 | |
RETENTION OF RECORD ON APPEAL: 11/23/2000 |
| 4 | | 11/22/2000 | |
TRANSCRIPT commencing April 24, 2000 (7 volumes) |
| 5 | | 11/27/2000 | |
DISK - TRA (3 disks) (commencing 4-24-00) |
| 6 | | 11/27/2000 | |
RECORD ON APPEAL (4 Vols.), Exhibits, Depositions (9), and Transcript (1) NOT REC'D: #25,40,105, |
| 7 | | 11/27/2000 | |
125,132,181,226,227,264,360,361,382(tapes); 293 (Exh.1A);294(Exh. 1B); and 376 (Steno Notes) |
| 8 | | 11/30/2000 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 9 | | 11/30/2000 | |
Supplemental Clerk's Certificate dated 11-28-00 (Entry Nos. 394 & 395) |
| 10 | | 12/29/2000 | |
APPELLANT BRIEF & Addendum |
| 11 | | 12/29/2000 | |
APPELLANT APPENDIX (doesn't contain Order dated 4-6-00) |
| 12 | | 01/02/2001 | |
DISK - atb |
| 13 | | 01/03/2001 | |
Letter from Mr. Rodenburg dated 1-2-01 w/ nine stickers to be placed on P. 244 of ATA |
| 14 | | 01/08/2001 | |
Copies of Order dated 4-6-00 and Motion dated 2-3-00 for ATA. |
| 15 | | 01/26/2001 | |
MOT. EXT/TIME APPELLEE BRIEF; Brief in Support, Stipulation of Appellants Re Ext. of Time to File |
| 16 | | 01/26/2001 | |
Brief; Aff. of Duane Ilvedson |
| 17 | | 01/26/2001 | |
ACTION BY CLERK (MAE). Granted: 02/05/2001 |
| 18 | | 01/29/2001 | |
Original Stipulation of Appellants RE: Ext. of Time to File Brief; original Affidavit of Duane |
| 19 | | 01/29/2001 | |
Ilvedson; Copy of YMCA Motion for Ext/Time/File ATB; copy of YMCA's Brief in Support (Same as |
| 20 | | 01/29/2001 | |
documents filed 1-26-01) |
| 21 | | 01/29/2001 | |
APPELLEE BRIEF (Patrick Parker) |
| 22 | | 01/30/2001 | |
DISK - AEB (Patrick Parker) |
| 23 | | 02/01/2001 | |
Motion to Correct Appellants' Opening Brief; Affidavit of Clifton Rodenburg; corrected page 12 |
| 24 | | 02/01/2001 | |
ACTION BY CLERK (corrected page 12 inserted into each ATB). Granted |
| 25 | | 02/05/2001 | |
APPELLEE BRIEF (YMCA) |
| 26 | | 02/05/2001 | |
APPELLEE APPENDIX (YMCA) |
| 27 | | 02/06/2001 | |
DISK (AE1) - YMCA |
| 28 | | 02/08/2001 | |
DISK - corrected ATB |
| 29 | | 02/14/2001 | |
MOTION TO FILE LONGER REPLY BRIEF THAN PRESCRIBED & Affidavit |
| 30 | | 02/14/2001 | |
ACTION BY CHIEF JUSTICE (1000 additional words). Granted |
| 31 | | 02/19/2001 | |
REPLY BRIEF of Appellants |
| 32 | | 02/19/2001 | |
DISK - RYB |
| 33 | | 02/27/2001 | |
DISK - Corrected ATB, e-mailed, no disk |
| 34 | | 02/28/2001 | |
SITTING WITH THE COURT: Hunke, Maurice R. |
| 35 | | 03/13/2001 | |
APPEARANCES: Clifton Rodenburg, Calvin N. Rolfson; Duane H. Ilvedson; Aaron J. Dorrheim |
| 36 | | 03/13/2001 | |
ARGUED: Rodenburg; Ilvedson; Dorrheim (Vol. X; page 117) |
| 37 | | 03/13/2001 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 05/03/2001 | |
Copy of Opinion of Nebraska Supreme Court in Brandon v. Co. of Richardson |
| 39 | | 05/04/2001 | |
Letter from Duane Ilvedson dated 5-3-01 in response to the filing of Opinion of Brandon v. County |
| 40 | | 05/03/2001 | |
of Richardson from Nebraska Supreme Court (faxed copy) |
| 41 | | 07/23/2001 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 42 | | 07/23/2001 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 43 | | 07/23/2001 | |
Per Court, costs awarded to no party. |
| 44 | | 07/23/2001 | |
Order/Judgment Mailed to Parties |
| 45 | | 08/03/2001 | |
PETITION FOR REHEARING |
| 46 | | 08/06/2001 | |
DISK - PER |
| 47 | | 08/08/2001 | |
Corrected/Substitute Opinion Page 7 of opinion filed 8-08-01 (copies sent to publishers) |
| 48 | | 09/04/2001 | |
ACTION BY SUPREME COURT (PER). Denied |
| 49 | | 09/17/2001 | |
MANDATE |
| 50 | | 09/21/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 51 | | 07/05/2007 | |
EXPUNGED - Nonpermanent record items destroyed |