Doan v. City of Bismarck

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

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge James M. Vukelic
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Schulz Geiermann & Bergeson Law Offices, P.C.
Appellee: Smith Bakke Porsborg Schweigert & Armstrong
Appellee: Fleck, Mather & Strutz
Term: 06/2001   Argument: 06/06/2001  1:30pm
ND cite: 2001 ND 152
NW cite: 632 N.W.2d 815

Listen to recording of oral argument in MP3 format

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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Docket entries:
102/08/2001 NOTICE OF APPEAL: 02/06/2001
202/27/2001 Letter dated 2-26-01 from Lawrence R. Klemin informing us that Mr. Blake is not involved in this
302/27/2001 appeal, and to discontinue copying him or his client
402/26/2001 ORDER FOR TRANSCRIPT: 02/26/2001
502/28/2001 Letter dated 2-27-01 from Orell D. Schmitz' office informing us that Jan Gustin is not involved in
602/28/2001 this appeal, and to discontinue copying him or his client
703/02/2001 RECORD ON APPEAL (3 volumes)
803/02/2001 TRANSCRIPT DATED October 29, 1998
903/02/2001 DISK - TRA (10-29-98)
1003/15/2001 MOT. EXT/TIME APPELLANT BRIEF
1103/15/2001 MOTION TO PERMIT ENTRY OF JUDGMENTS (see MAT)
1203/16/2001 ACTION BY CLERK. Granted: 04/11/2001
1303/16/2001 ACTION BY CLERK (10 days to enter judgment or this appeal may be subject to dismissal). Granted
1403/16/2001 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
1503/30/2001 Amended Notice of Appeal
1604/04/2001 Supplemental Clerk's Certificate dated 4-3-01 (Entry Nos. 161-174)
1704/11/2001 APPELLANT BRIEF
1804/11/2001 APPELLANT APPENDIX
1904/11/2001 DISK - ATB
2005/03/2001 APPELLEE BRIEF (City of Bismarck)
2105/03/2001 APPELLEE APPENDIX (City of Bismarck)
2205/03/2001 DISK - aeb (City of Bismarck)
2305/11/2001 APPELLEE BRIEF (Damian Dionne)
2405/11/2001 APPELLEE APPENDIX (Damian Dionne)
2505/11/2001 DISK - AEB (Damian Dionne)
2605/24/2001 SITTING WITH THE COURT: Hodny, William F.
2705/25/2001 REPLY BRIEF
2805/25/2001 DISK - RYB
2906/06/2001 APPEARANCES: Calvin N. Rolfson, Brian L. Bergeson; Randall J. Bakke; Curtis L. Wike
3006/06/2001 ARGUED: Rolfson; Bakke; Wike
3106/06/2001 ORAL ARGUMENT WEBCAST
3208/29/2001 DISPOSITION: REVERSED AND REMANDED
3308/29/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
3408/29/2001 Costs on appeal taxed in favor of Appellants
3508/31/2001 Order/Judgment Mailed to Parties
3609/26/2001 MANDATE
3710/01/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3808/02/2007 EXPUNGED - Nonpermanent record items destroyed

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