Doan v. City of Bismarck
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| 20010042 |
Renae Doan and Jerry
Doan, Individually and
as parents and next
friends of Jayce Doan,
a minor child, Plaintiffs and Appellants
v.
City of Bismarck, Damian
Dionne, Defendants and Appellees ---------
Kevin Blake and Jan Gustin, Defendants
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge James M. Vukelic |
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Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
06/2001 Argument: 06/06/2001 01:30pm
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| ND cite: |
2001 ND 152
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| NW cite: |
632 N.W.2d 815
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
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 |
| 36 | | 09/26/2001 | |
MANDATE |
| 37 | | 10/01/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 38 | | 08/02/2007 | |
EXPUNGED - Nonpermanent record items destroyed |