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:

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

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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:

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)
12	06/28/2002	APPELLANT BRIEF
13	06/28/2002	DISK - ATB
14	06/28/2002	APPELLANT APPENDIX
15	07/31/2002	APPELLEE BRIEF
16	07/31/2002	APPELLEE APPENDIX
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
36	03/14/2003	MANDATE
37	03/19/2003	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
38	07/09/2008	EXPUNGED - Nonpermanent record items destroyed

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