Rittenour v. Gibson

20020053 Cindy Rittenour and
Donald Rittenour, Plaintiffs and Appellees
v.
Orville Gibson, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary A. Holum
Nature of Action: Personal Injury
Counsel:
Appellant: #Bucklin, Klemin, McBride & Schweigert, P.C.
Appellee: Lee J. Balerud
Term: 10/2002   Argument: 10/01/2002  10:45am
ND cite: 2003 ND 14
NW cite: 656 N.W.2d 691

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
A.Did the trial court err in admitting the testimony and evidence of future economic and noneconomic damages by Dr. Tyson Williams, DPM?
B.Did the trial court err in excluding photographs of damage to the interior of the mobile home caused by the tenant, Cheryl Lynn Jackson?
C.Did the trial court err in refusing to allow Wesley Borgen to testify as a character witness on behalf of Gibson?
D.Did the trial court err in the jury instructions on the Duty of Owner of Premises and on Unsafe Conditions of Premises?
E.Is the evidence of future economic and noneconomic damages sufficient to justify the verdict?

Appellee's Statement of the Issues:
A. The trial court did not err in admitting the testimony and other medical evidence presented by Dr. Tyson Williams regarding his examinations; diagnosis; treatment; future treatment; cost of future treatment; impairment; and past and future disability caused by Defendant's negligence.
B. The trial court did not err in excluding irrelevant and nonprobative photographs of uncleanly conditions and discarded items left in remote interior areas of the mobile home, depicting bedroom and bathroom areas not related to or involved in the accident, taken approximately seven or eight months following the accident and approximately two and one-half months after this lawsuit was commenced and after Defendant evicted his tenants and the renters vacated the mobile home.
C. The trial court did not err in refusing to allow Wesley Borgen to testify as a character witness for Defendant, as the court properly determined that the jury had heard sufficient testimony from both parties to enable them to judge and determine credibility so that no purpose would be served by allowing testimony of character witnesses for one or both parties and excluding general testimony relating to a parties character would not effect the outcome of the case or either parties right to a fair trial.
D. The court correctly instructed the jury on the duties of an owner of premises, unsafe conditions of premises, and the duties of both a landlord and a tenant.
E. The evidence of future economic and non economic damages was clearly sufficient to justify the jury's verdict.

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Docket entries:
102/20/2002 NOTICE OF APPEAL: 02/19/2002
202/20/2002 ORDER FOR TRANSCRIPT: 02/19/2002
302/20/2002 Stipulation to omit portions of the transcript
402/28/2002 Copy of letter dated 2-27-02 from Laurel Marsh to Mr Klemin requesting advance payment for TRA
502/28/2002 RETENTION OF RECORD ON APPEAL (Laurel Marsh): 04/10/2002
604/01/2002 MOT. EXT/TIME TRANSCRIPT (Laurel Marsh)
704/01/2002 ACTION BY TRIAL COURT (Judge Gary Holum). Granted: 05/20/2002
805/20/2002 TRANSCRIPT COMMENCING 11-13-00 (3 vols.)
905/21/2002 DISK - TRA (Nov. 13 through 21, 2000) (2 disks)
1005/22/2002 RECORD ON APPEAL (2 vols.), Exhibits, Depositions (6) and Videos (4) (NOT REC'D: #68--Pl's Exh.17 -
1105/22/2002 --Box of Material from the Floor)
1206/28/2002 APPELLANT BRIEF
1306/28/2002 DISK - ATB
1406/28/2002 APPELLANT APPENDIX
1507/31/2002 APPELLEE BRIEF
1607/31/2002 APPELLEE APPENDIX
1708/05/2002 Original copy of AEB & signature page
1808/05/2002 MOTION to extend page limitation (no motion)
1908/05/2002 ACTION BY CHIEF JUSTICE (Sua Sponte). Granted
2008/09/2002 DISK - AEB
2108/13/2002 Corrected Table of Contents and page numbers of the appendix
2208/15/2002 REPLY BRIEF of APPELLANT, with attached Addendum
2308/15/2002 DISK - ryb
2409/16/2002 Faxed letter from Lee Balerud dated 9-16-02 (RE: case continued to Oct. Term)
2509/23/2002 MOTION FOR CONTINUANCE OF ORAL ARGUMENT & AFFIDAVIT
2609/23/2002 ACTION BY SUPREME COURT (Oral argument continued to October). Granted
2710/01/2002 APPEARANCES: Lawrence R. Klemin; Lee J. Balerud
2810/01/2002 ARGUED: Klemin; Balerud (Vol. Y; Page 33)
2910/01/2002 ORAL ARGUMENT WEBCAST
3002/19/2003 DISPOSITION: REVERSED AND REMANDED
3102/19/2003 SPLIT OPINION: Sandstrom, Dale V.
3202/19/2003 Dissent: Maring, Mary Muehlen: DISSENT
3302/19/2003 Join Dissent: Neumann, William A.: JN/DIS
3402/19/2003 Costs on appeal taxed in favor of appellant
3502/20/2003 Order/Judgment Mailed to Parties
3603/14/2003 MANDATE
3703/19/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3807/09/2008 EXPUNGED - Nonpermanent record items destroyed

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