Sollin v. Wangler

20000284 Richard Sollin and
Linda Sollin, Plaintiffs and Appellants
v.
Dale Wangler and
Pius Wangler, Defendants and Appellees

Appeal from: District Court, Northeast Judicial District, Pierce County
Judge John C. McClintock, Jr.
Nature of Action: Personal Injury
Counsel:
Appellant: Lawyer not licensed in N.D.
Appellant: Lee J. Balerud
Appellee: Zuger Kirmis & Smith
Term: 02/2001   Argument: 02/20/2001  1:30pm
ND cite: 2001 ND 96
NW cite: 627 N.W.2d 159

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Issues: Appellant's Statement of the Issues:
I. A Trial Court Must Provide An Explanation To The Jury, Upon Specific Request From The Jury During Deliberations, Of How The Jury's Answers To The Comparative Fault Question Would Affect The Jury's Award Of Damages, Pursuant To The Procedural Mandates Of N.D.C.C.  32-03.2-02, Which Compels A Jury To Separately Answer Questions Of Fault And Damages, And N.D.R.Civ.P. 49(a), Which Compels A Trial Court To "Give The Jury Such Explanation ... To Enable The Jury To Make Its Findings Upon Each Issue"
II. A Trial Court Must Provide An Explanation To The Jury, Upon Specific Request From The Jury During Deliberations, Of How The Jury's Answers To The Comparative Fault Question Would Affect The Jury's Award Of Damages, Pursuant To An Injured Plaintiff's Fundamental Constitutional Right Of Due Process And Right To A Remedy Under Art. I,  9, N.D. Const., And The U.S. CONST. amends. V, XIV
III. Trial Court Rulings That Allow A Jury Misunderstanding Of The Ultimate Outcome Of Their Determinations, Are Fundamental Errors Of Law That Violate Constitutional Due Process And Mandate A New Trial, Even Absent An Objection By Trial Counsel During Trial

Appellee's Statement of the Issues:
Whether, when no request for such instruction was made by the Sollins, the trial court abused its discretion by denying the Sollins motion for a new trial based upon a failure to instruct the jury on how its comparative fault findings could effect whether and to what extent damages could be recovered.

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Docket entries:
110/12/2000 NOTICE OF APPEAL: 10/11/2000
210/12/2000 ORDER FOR TRANSCRIPT (Debra Martinson): 10/11/2000
310/25/2000 TRANSCRIPT DATED 12-10-99 (original has been filed with the district court)
410/26/2000 DISK - TRA (12-10-99)
511/14/2000 RECORD ON APPEAL including transcripts dated December 10, 1999 and August 3, 1999 and unidentified
611/14/2000 miscellaneous documents. Not received with the record were No. 13, 59, 64, 77, and 152
711/14/2000 (Steno Notes), No. 99 (Plaintiff's Exhibit 21, drawing of accident scene), No. 101 (Defendant's
811/14/2000 Exhibit A, photo of Hay Grinder), No. 102 (Defendant's Exhibit C, photo of hay grinder),
911/14/2000 No. 105-116 (Defendant's Exhibits F, G, H, I, AA, BB, CC, DD, EE, FF, GG, HH, 12 x-rays of
1011/14/2000 R. Sollin), No. 126 (Defendant's Exhibit RR, photo) No. 127 (Defendant's Exhibit SS, photo of
1111/14/2000 warning label).
1211/17/2000 APPELLANT BRIEF
1311/17/2000 APPELLANT APPENDIX
1411/20/2000 DISK - ATB
1511/30/2000 N.D.R.CT. 11.1 Affidavit of Douglas J. Nill
1612/01/2000 Corrected TOA & Pages 10 & 11 for ATB & docket sheet of lower court for ATA(inserted in ATB & ATA)
1712/01/2000 DISK - ATB (corrected)
1812/04/2000 Supplemental Clerk's Certificate dated 11-30-00 (Entry Nos. 190-200)
1912/18/2000 MOT. EXT/TIME APPELLEE BRIEF (ORIGINAL AND FAXED COPY OF LETTER FROM MR. EVENSON DATED 12-18-00)
2012/18/2000 ACTION BY CLERK. Granted: 12/27/2000
2112/27/2000 APPELLEE BRIEF
2212/27/2000 APPELLEE APPENDIX
2312/27/2000 DISK - AEB
2401/09/2001 REPLY BRIEF of Appellant
2501/11/2001 DISK - RYB
2601/29/2001 2nd Supplemental Clerk's Certificate dated 1-26-01 (Entries 202-203)
2702/20/2001 APPEARANCES: Douglas J. Nill, Lee J. Balerud; Jerry W. Evenson
2802/20/2001 ARGUED: Nill; Evenson (Vol. X; page 111)
2902/20/2001 ORAL ARGUMENT WEBCAST
3003/30/2001 Notice of Relocation of Counsel and Appearance (Douglas J. Nill)
3105/22/2001 DISPOSITION: AFFIRMED
3205/22/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
3305/22/2001 Costs on appeal taxed in favor of appellee
3405/24/2001 Order/Judgment Mailed to Parties
3506/18/2001 MANDATE
3606/25/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3707/06/2007 EXPUNGED - Nonpermanent record items destroyed

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