Kimball v. Landeis
Larry Kimball, Jr., Plaintiff and Appellant
Jack Landeis and
Justin Gram, Defendants and Appellees
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke
|Nature of Action:||Personal Injury|
|Term:||09/2002  Argument: 09/09/2002|
|ND cite:||2002 ND 162|
652 N.W.2d 330
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Did the trial court err in granting defendant gram's motion for summary judgment?
II. Did the trial court err in granting defendant Landeis' motion for summary judgment? A. The doctrine of equitable tolling should have applied B. The defendant, Landeis has actual notice of the complaint and has made a general appearance in the action
Appellee's Statement of the Issues:
Did the District Court err, as a matter of law, when it held that the record before it did not raise an issue of material fact which would allow the Finder of Fact to find in favor of the Appellant and that Appellant's showing did not constitute anything other than conjecture and speculation?
Appellee's Statement of the Issues:
1. Whether a defendant may assert the defenses of insufficiency of process, improper service of process and/or lack of personal jurisdiction in an answer without waiving such defenses?
2. Whether service of process upon a person subject to guardianship must be made upon the guardian?
3. Whether actual knowledge of litigation will substitute for proper service of process upon a defendant?
4. Whether separate defendants in a negligent action are "otherwise united in interest" allowing a plaintiff to obtain service of process over both defendants by only properly serving one under N.D.C.C. Section 28-01-38 when the defendants are severally liable only?
5. Whether an action to recover damages for personal injury suffered from a snowmobile accident occurring more than six years prior to the date of effective service of a summons and complaint is barred by the applicable statute of limitations?
6. Whether the equitable tolling doctrine applies to toll a limitations period when the plaintiff did not pursue an alternative remedy within the statute of limitations and was not precluded from initiating any claim against the defendant by extraordinary circumstances?
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|1||04/24/2002 NOTICE OF APPEAL (Re Jack Landeis ): 04/23/2002|
|2||04/24/2002 NOTICE OF APPEAL (Re Justin Gram): 04/24/2002|
|3||05/21/2002 RECORD ON APPEAL|
|4||06/03/2002 APPELLANT BRIEF|
|5||06/03/2002 APPELLANT APPENDIX|
|6||06/10/2002 DISK of ATB|
|7||06/10/2002 8 cc each of corrected cover, TOA, and pg. 6 for ATB, & notice of appeal for ATA|
|8||07/02/2002 APPELLEE BRIEF of Justin Gram|
|9||07/02/2002 APPELLEE BRIEF of Jack Landeis|
|10||07/02/2002 APPELLEE APPENDIX Joint Appendix|
|11||07/02/2002 Motion to File Trans. of Non-Evidentiary Hearing on Mot. for Summary Judgment; Stipulation|
|12||07/03/2002 DISK - AE Gram|
|13||07/03/2002 DISK - AE Landeis|
|14||07/03/2002 ACTION BY CLERK. Granted|
|15||07/03/2002 APPELLEES' REQUEST FOR ADDITIONAL TIME AT ORAL ARGUMENT|
|16||07/03/2002 ACTION BY CHIEF JUSTICE (total of 30 minutes for AE). Granted|
|17||07/11/2002 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 7-10-02 (Entry Nos. 88 & 88a)|
|18||07/23/2002 TRANSCRIPT DATED 12-19-01 (ordered by Mr. Fiedler)|
|19||07/23/2002 DISK - TRA dated 12-19-01|
|20||09/09/2002 APPEARANCES: Thomas V. Omdahl; Jay H. Fiedler; Howard D. Swanson|
|21||09/09/2002 ARGUED: Omdahl; Fiedler; Swanson (Vol. Y; Page 23)|
|22||09/09/2002 ORAL ARGUMENT WEBCAST|
|23||10/15/2002 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT|
|24||10/15/2002 SPLIT OPINION: Maring, Mary Muehlen|
|25||10/15/2002 (DISSENT): Neumann, William A.: DISSENT|
|26||10/15/2002 (Join DISSENT): Sandstrom, Dale V.: JN/DIS|
|27||10/15/2002 At the direction of the Court no costs will be taxed on this appeal|
|28||10/22/2002 Order/Judgment Mailed to Parties|
|29||10/28/2002 PETITION FOR REHEARING|
|30||10/29/2002 DISK - PER|
|31||11/05/2002 ACTION BY SUPREME COURT (PER). Denied|
|33||11/18/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|34||07/22/2008 EXPUNGED - Nonpermanent record items destroyed|