Berg v. Dakota Boys Ranch Assoc.

20000301 Evan Berg, Plaintiff and Appellee
v.
Dakota Boys Ranch Association, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Robert W. Holte
Nature of Action: Employer/Employee Dispute
Counsel:
Appellant: Pringle & Herigstad, P.C.
Appellee: #Kenner Sturdevant & Cresap, PC
Term: 04/2001   Argument: 04/17/2001  9:30am
ND cite: 2001 ND 122
NW cite: 629 N.W.2d 563


Issues: 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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Docket entries:
111/03/2000 NOTICE OF APPEAL: 11/01/2000
211/03/2000 ORDER FOR TRANSCRIPT: 11/02/2000
312/04/2000 RETENTION OF RECORD ON APPEAL: 01/21/2001
412/19/2000 MOT. EXT/TIME TRANSCRIPT
512/19/2000 ACTION BY TRIAL COURT. Granted: 01/21/2001
601/19/2001 TRANSCRIPT commencing August 28, 2000 (3 Volumes & Master Index)
701/22/2001 DISK - TRA (8-28-00 through 8-30-00)
801/23/2001 RECORD ON APPEAL, Deposition, & Exhibits. Not rec'd: Nos.60,61,62 (Large Charts, Evaluation Exhs.
901/23/2001 9A,9B,&9C), 63,64,&65(Large Charts-Evaluation Exhs. 10A,10B,10C),66(Clinic Staff Membership Exh.11)
1001/23/2001 67 (Large Chart - Personnel Calendar Exh. 12), 68 (Large Chart - Separation Agreement Exh. 13)
1102/26/2001 APPELLANT BRIEF
1202/26/2001 Addendum to Appellant Brief
1302/26/2001 APPELLANT APPENDIX
1402/27/2001 DISK of ATB
1503/30/2001 APPELLEE BRIEF
1603/30/2001 Addendum to Appellee Brief
1704/04/2001 DISK - AEB
1804/10/2001 REPLY BRIEF of Appellant
1904/11/2001 DISK - RYB
2004/17/2001 APPEARANCES: Mark R. Hays; Richard L. Hagar
2104/17/2001 ARGUED: Hays; Hagar (Vol. X; page 124)
2204/17/2001 ORAL ARGUMENT WEBCAST
2307/10/2001 DISPOSITION: AFFIRMED
2407/10/2001 UNANIMOUS OPINION: Neumann, William A.
2507/10/2001 Costs on appeal taxed in favor of appellee
2607/11/2001 Order/Judgment Mailed to Parties
2708/03/2001 MANDATE
2812/20/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2907/10/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/28/2014