Doan v. City of Bismarck
Renae Doan and Jerry
Doan, Individually and
as parents and next
friends of Jayce Doan,
a minor child, Plaintiffs and Appellants
City of Bismarck, Damian
Dionne, Defendants and Appellees ---------
Kevin Blake and Jan Gustin, Defendants
South Central Judicial District,
Judge James M. Vukelic
|Nature of Action:||Torts (Negligence, Liab., Nuis.)|
|Term:||06/2001  Argument: 06/06/2001|
|ND cite:||2001 ND 152|
632 N.W.2d 815
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
A. Whether the District Court erred in granting summary judgment in favor of the City of Bismarck as to the Appellants' negligence claim on the grounds that the City of Bismarck owed no duty to the Appellants.
B. Whether the District Court erred in granting summary judgment in favor of Damian Dionne as to the Appellants' negligence claim on the grounds that Damian Dionne owed no duty to the Appellants.
Appellee's Statement of the Issues:
A. Summary Judgment was appropriate in this case.
B. Bismarck had no duty to the Doans because it did not exercise control over the area where the Doans were allegedly injured and thus it cannot be held liable for their alleged injuries.
1. Bismarck did not have a nondelegable duty to guaranty the Doans' safety.
2. Bismarck had no duty to the Doans because it did not exercise control over the civic center at the time and place of the incident.
C. Bismarck relied on an independent contractor to run the agri-international show and is not liable for the negligence, if any, of its independent contractor.
Appellee's Statement of the Issues:
Defendant/Appellee Damian Dionne presents the following issue for review: Whether the district court properly granted summary judgment in favor of Damian Dionne as to the Appellants' negligence claim on the grounds that Damian Dionne owed no duty to the Appellants.
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|1||02/08/2001 NOTICE OF APPEAL: 02/06/2001|
|2||02/27/2001 Letter dated 2-26-01 from Lawrence R. Klemin informing us that Mr. Blake is not involved in this|
|3||02/27/2001 appeal, and to discontinue copying him or his client|
|4||02/26/2001 ORDER FOR TRANSCRIPT: 02/26/2001|
|5||02/28/2001 Letter dated 2-27-01 from Orell D. Schmitz' office informing us that Jan Gustin is not involved in|
|6||02/28/2001 this appeal, and to discontinue copying him or his client|
|7||03/02/2001 RECORD ON APPEAL (3 volumes)|
|8||03/02/2001 TRANSCRIPT DATED October 29, 1998|
|9||03/02/2001 DISK - TRA (10-29-98)|
|10||03/15/2001 MOT. EXT/TIME APPELLANT BRIEF|
|11||03/15/2001 MOTION TO PERMIT ENTRY OF JUDGMENTS (see MAT)|
|12||03/16/2001 ACTION BY CLERK. Granted: 04/11/2001|
|13||03/16/2001 ACTION BY CLERK (10 days to enter judgment or this appeal may be subject to dismissal). Granted|
|14||03/16/2001 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen|
|15||03/30/2001 Amended Notice of Appeal|
|16||04/04/2001 Supplemental Clerk's Certificate dated 4-3-01 (Entry Nos. 161-174)|
|17||04/11/2001 APPELLANT BRIEF|
|18||04/11/2001 APPELLANT APPENDIX|
|19||04/11/2001 DISK - ATB|
|20||05/03/2001 APPELLEE BRIEF (City of Bismarck)|
|21||05/03/2001 APPELLEE APPENDIX (City of Bismarck)|
|22||05/03/2001 DISK - aeb (City of Bismarck)|
|23||05/11/2001 APPELLEE BRIEF (Damian Dionne)|
|24||05/11/2001 APPELLEE APPENDIX (Damian Dionne)|
|25||05/11/2001 DISK - AEB (Damian Dionne)|
|26||05/24/2001 SITTING WITH THE COURT: Hodny, William F.|
|27||05/25/2001 REPLY BRIEF|
|28||05/25/2001 DISK - RYB|
|29||06/06/2001 APPEARANCES: Calvin N. Rolfson, Brian L. Bergeson; Randall J. Bakke; Curtis L. Wike|
|30||06/06/2001 ARGUED: Rolfson; Bakke; Wike|
|31||06/06/2001 ORAL ARGUMENT WEBCAST|
|32||08/29/2001 DISPOSITION: REVERSED AND REMANDED|
|33||08/29/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning|
|34||08/29/2001 Costs on appeal taxed in favor of Appellants|
|35||08/31/2001 Order/Judgment Mailed to Parties|
|37||10/01/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|38||08/02/2007 EXPUNGED - Nonpermanent record items destroyed|