Rittenour v. Gibson
Cindy Rittenour and
Donald Rittenour, Plaintiffs and Appellees
Orville Gibson, Defendant and Appellant
North Central Judicial District,
Judge Gary A. Holum
|Nature of Action:||Personal Injury|
|Term:||10/2002  Argument: 10/01/2002 10:45am|
|ND cite:||2003 ND 14|
656 N.W.2d 691
Listen to recording of oral argument in MP3 format
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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|1||02/20/2002||NOTICE OF APPEAL: 02/19/2002|
|2||02/20/2002||ORDER FOR TRANSCRIPT: 02/19/2002|
|3||02/20/2002||Stipulation to omit portions of the transcript|
|4||02/28/2002||Copy of letter dated 2-27-02 from Laurel Marsh to Mr Klemin requesting advance payment for TRA|
|5||02/28/2002||RETENTION OF RECORD ON APPEAL (Laurel Marsh): 04/10/2002|
|6||04/01/2002||MOT. EXT/TIME TRANSCRIPT (Laurel Marsh)|
|7||04/01/2002||ACTION BY TRIAL COURT (Judge Gary Holum). Granted: 05/20/2002|
|8||05/20/2002||TRANSCRIPT COMMENCING 11-13-00 (3 vols.)|
|9||05/21/2002||DISK - TRA (Nov. 13 through 21, 2000) (2 disks)|
|10||05/22/2002||RECORD ON APPEAL (2 vols.), Exhibits, Depositions (6) and Videos (4) (NOT REC'D: #68--Pl's Exh.17 -|
|11||05/22/2002||--Box of Material from the Floor)|
|13||06/28/2002||DISK - ATB|
|17||08/05/2002||Original copy of AEB & signature page|
|18||08/05/2002||MOTION to extend page limitation (no motion)|
|19||08/05/2002||ACTION BY CHIEF JUSTICE (Sua Sponte). Granted|
|20||08/09/2002||DISK - AEB|
|21||08/13/2002||Corrected Table of Contents and page numbers of the appendix|
|22||08/15/2002||REPLY BRIEF of APPELLANT, with attached Addendum|
|23||08/15/2002||DISK - ryb|
|24||09/16/2002||Faxed letter from Lee Balerud dated 9-16-02 (RE: case continued to Oct. Term)|
|25||09/23/2002||MOTION FOR CONTINUANCE OF ORAL ARGUMENT & AFFIDAVIT|
|26||09/23/2002||ACTION BY SUPREME COURT (Oral argument continued to October). Granted|
|27||10/01/2002||APPEARANCES: Lawrence R. Klemin; Lee J. Balerud|
|28||10/01/2002||ARGUED: Klemin; Balerud (Vol. Y; Page 33)|
|29||10/01/2002||ORAL ARGUMENT WEBCAST|
|30||02/19/2003||DISPOSITION: REVERSED AND REMANDED|
|31||02/19/2003||SPLIT OPINION: Sandstrom, Dale V.|
|32||02/19/2003||Dissent: Maring, Mary Muehlen: DISSENT|
|33||02/19/2003||Join Dissent: Neumann, William A.: JN/DIS|
|34||02/19/2003||Costs on appeal taxed in favor of appellant|
|35||02/20/2003||Order/Judgment Mailed to Parties|
|37||03/19/2003||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|38||07/09/2008||EXPUNGED - Nonpermanent record items destroyed|