Berg v. Dakota Boys Ranch Assoc.
Evan Berg, Plaintiff and Appellee
Dakota Boys Ranch Association, Defendant and Appellant
North Central Judicial District,
Judge Robert W. Holte
|Nature of Action:||Employer/Employee Dispute|
|Term:||04/2001  Argument: 04/17/2001 9:30am|
|ND cite:||2001 ND 122|
629 N.W.2d 563
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Does a General Release signed by a former employee after his discharge bar his claim for wrongful discharge, as a matter of law?
2. Under N.D.R.Evid. 408 on Compromises, was it reversible error for the trial court to admit a compromise settlement into evidence in a jury trial of the employee's disputed claim for wrongful discharge?
Appellee's Statement of the Issues:
1. Contract recission was not raised prior to appeal and is therefore barred for argument on appeal.
2. There were sufficient questions of fact regarding the validity of the general release to support the District Court's Order denying the Motion for Summary Judgment.
3. The Separation Agreement and General Release, Exhibit 13, was admitted into evidence for a valid purpose under Rule 408 of the North Dakota Rules of Evidence.
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|1||11/03/2000||NOTICE OF APPEAL: 11/01/2000|
|2||11/03/2000||ORDER FOR TRANSCRIPT: 11/02/2000|
|3||12/04/2000||RETENTION OF RECORD ON APPEAL: 01/21/2001|
|4||12/19/2000||MOT. EXT/TIME TRANSCRIPT|
|5||12/19/2000||ACTION BY TRIAL COURT. Granted: 01/21/2001|
|6||01/19/2001||TRANSCRIPT commencing August 28, 2000 (3 Volumes & Master Index)|
|7||01/22/2001||DISK - TRA (8-28-00 through 8-30-00)|
|8||01/23/2001||RECORD ON APPEAL, Deposition, & Exhibits. Not rec'd: Nos.60,61,62 (Large Charts, Evaluation Exhs.|
|9||01/23/2001||9A,9B,&9C), 63,64,&65(Large Charts-Evaluation Exhs. 10A,10B,10C),66(Clinic Staff Membership Exh.11)|
|10||01/23/2001||67 (Large Chart - Personnel Calendar Exh. 12), 68 (Large Chart - Separation Agreement Exh. 13)|
|12||02/26/2001||Addendum to Appellant Brief|
|14||02/27/2001||DISK of ATB|
|16||03/30/2001||Addendum to Appellee Brief|
|17||04/04/2001||DISK - AEB|
|18||04/10/2001||REPLY BRIEF of Appellant|
|19||04/11/2001||DISK - RYB|
|20||04/17/2001||APPEARANCES: Mark R. Hays; Richard L. Hagar|
|21||04/17/2001||ARGUED: Hays; Hagar (Vol. X; page 124)|
|22||04/17/2001||ORAL ARGUMENT WEBCAST|
|24||07/10/2001||UNANIMOUS OPINION: Neumann, William A.|
|25||07/10/2001||Costs on appeal taxed in favor of appellee|
|26||07/11/2001||Order/Judgment Mailed to Parties|
|28||12/20/2001||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|29||07/10/2007||EXPUNGED - Nonpermanent record items destroyed|