Sollin v. Wangler
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| 20000284 |
Richard Sollin and
Linda Sollin, Plaintiffs and Appellants
v.
Dale Wangler and
Pius Wangler, Defendants and Appellees
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| Appeal from: |
District Court,
Northeast Judicial District,
Pierce County
Judge John C. McClintock, Jr. |
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Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
02/2001 Argument: 02/20/2001 01:30pm
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| ND cite: |
2001 ND 96
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| NW cite: |
627 N.W.2d 159
Listen to recording of oral argument
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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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| 1 | | 10/12/2000 | |
NOTICE OF APPEAL: 10/11/2000 |
| 2 | | 10/12/2000 | |
ORDER FOR TRANSCRIPT (Debra Martinson): 10/11/2000 |
| 3 | | 10/25/2000 | |
TRANSCRIPT DATED 12-10-99 (original has been filed with the district court) |
| 4 | | 10/26/2000 | |
DISK - TRA (12-10-99) |
| 5 | | 11/14/2000 | |
RECORD ON APPEAL including transcripts dated December 10, 1999 and August 3, 1999 and unidentified |
| 6 | | 11/14/2000 | |
miscellaneous documents. Not received with the record were No. 13, 59, 64, 77, and 152 |
| 7 | | 11/14/2000 | |
(Steno Notes), No. 99 (Plaintiff's Exhibit 21, drawing of accident scene), No. 101 (Defendant's |
| 8 | | 11/14/2000 | |
Exhibit A, photo of Hay Grinder), No. 102 (Defendant's Exhibit C, photo of hay grinder), |
| 9 | | 11/14/2000 | |
No. 105-116 (Defendant's Exhibits F, G, H, I, AA, BB, CC, DD, EE, FF, GG, HH, 12 x-rays of |
| 10 | | 11/14/2000 | |
R. Sollin), No. 126 (Defendant's Exhibit RR, photo) No. 127 (Defendant's Exhibit SS, photo of |
| 11 | | 11/14/2000 | |
warning label). |
| 12 | | 11/17/2000 | |
APPELLANT BRIEF |
| 13 | | 11/17/2000 | |
APPELLANT APPENDIX |
| 14 | | 11/20/2000 | |
DISK - ATB |
| 15 | | 11/30/2000 | |
N.D.R.CT. 11.1 Affidavit of Douglas J. Nill |
| 16 | | 12/01/2000 | |
Corrected TOA & Pages 10 & 11 for ATB & docket sheet of lower court for ATA(inserted in ATB & ATA) |
| 17 | | 12/01/2000 | |
DISK - ATB (corrected) |
| 18 | | 12/04/2000 | |
Supplemental Clerk's Certificate dated 11-30-00 (Entry Nos. 190-200) |
| 19 | | 12/18/2000 | |
MOT. EXT/TIME APPELLEE BRIEF (ORIGINAL AND FAXED COPY OF LETTER FROM MR. EVENSON DATED 12-18-00) |
| 20 | | 12/18/2000 | |
ACTION BY CLERK. Granted: 12/27/2000 |
| 21 | | 12/27/2000 | |
APPELLEE BRIEF |
| 22 | | 12/27/2000 | |
APPELLEE APPENDIX |
| 23 | | 12/27/2000 | |
DISK - AEB |
| 24 | | 01/09/2001 | |
REPLY BRIEF of Appellant |
| 25 | | 01/11/2001 | |
DISK - RYB |
| 26 | | 01/29/2001 | |
2nd Supplemental Clerk's Certificate dated 1-26-01 (Entries 202-203) |
| 27 | | 02/20/2001 | |
APPEARANCES: Douglas J. Nill, Lee J. Balerud; Jerry W. Evenson |
| 28 | | 02/20/2001 | |
ARGUED: Nill; Evenson (Vol. X; page 111) |
| 29 | | 02/20/2001 | |
ORAL ARGUMENT WEBCAST |
| 30 | | 03/30/2001 | |
Notice of Relocation of Counsel and Appearance (Douglas J. Nill) |
| 31 | | 05/22/2001 | |
DISPOSITION: AFFIRMED |
| 32 | | 05/22/2001 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 33 | | 05/22/2001 | |
Costs on appeal taxed in favor of appellee |
| 34 | | 05/24/2001 | |
Order/Judgment Mailed to Parties |
| 35 | | 06/18/2001 | |
MANDATE |
| 36 | | 06/25/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 37 | | 07/06/2007 | |
EXPUNGED - Nonpermanent record items destroyed |