Simpson v. Chicago Pneumatic Tool Co.

20020171 Stephen Simpson, Sheri
Simpson, husband and wife, Plaintiffs and Appellants
and
Justin Simpson, Amanda Simpson,
and Jeffrey Simpson, all minors, Plaintiffs
v.
Chicago Pneumatic Tool
Company, Defendant and Appellee
and
Residual Materials, Inc.
and Todd A. Clausnitzer, Defendants

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Personal Injury
Counsel:
Appellant: Robert V. Bolinske
Appellant: Charles T. Edin Law Office
Appellee: Pearce & Durick
Appellee: Lawyer not licensed in N.D.
Term: 12/2002   Argument: 12/17/2002  1:30pm
ND cite: 2003 ND 31
NW cite: 657 N.W.2d 261

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Does defendant Chicago Pneumatic's flagrant violation of the rules of discovery require that Chicago Pneumatic be compelled to produce the concealed evidence (in this case all originalsurveillance videotapes obtained by defendant Chicago Pneumatic and/or its agents)?
II. Are plaintiff Simpsons entitled to a new trial as a result of defendant Chicago Pneumatic's flagrant violation of the rules of discovery?
III. Are plaintiffs entitled to recover attorneys fees for their efforts to compel defendant Chicago Pneumatic to produce the concealed surveillance videotapes?

Appellee's Statement of the Issues:
1. Did the trial court abuse its discretion in ruling on Plaintiffs' post-trial motion to compel unused video not relating to Plaintiff Simpson or his injuries, especially when damages were not an issue where the jury found for the Defendant on liability?
2. Did the trial court properly deny Plaintiffs' post-trial motion?

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Docket entries:
106/28/2002 NOTICE OF APPEAL: 06/26/2002
206/28/2002 ORDER FOR TRANSCRIPT: 06/26/2002
307/31/2002 RECORD ON APPEAL (6 vols.), Exhibits, Depositions (7), & Transcripts (13) (Not rec'd: #43 (Order to
407/31/2002 Compel Discovery & For Sanctions Against Defendant Chicago Pneumatic Tool Co.) which clerk
507/31/2002 indicates was missing from file); Exhibit Nos. 145, 146, 166, 167, 168,169,170,172,174,176,177,
607/31/2002 178,188,189,192,&197, which clerk did not sent pursuant to Rule 11; Exhibit #191 (Older Model of CP
707/31/2002 Impact Hammer, which the trial record does not show that it was offered & received; & Exhibit Nos.
807/31/2002 Impact Hammer) which the trial record does not show was offered & received; & Exhibit Nos.
907/31/2002 194,195,&196 which the record shows were withdrawn.
1008/01/2002 TRANSCRIPTS DATED 4-10-00; 4-11-00; 4-12-00; 4-13-00; 4-14-00; 4-17-00; 4-18-00; 4-19-00; & 4-20-00
1108/01/2002 (9 VOLS.) (NOTE: ORIGINALS ARE PART OF THE ROA Entry Nos. 306 through 314)
1208/01/2002 DISK(3)(April 10,11,12,13,14,17,18,19,&20,2000)
1308/08/2002 TRANSCRIPTS DATED February 5, 2001 and April 12, 2002
1408/08/2002 DISK - TRAs dated 02-05-01 & 04/12/02
1508/19/2002 Letter from Jerry Evenson dated 8-16-02 RE: No longer need to copy him on our correspondence
1608/23/2002 MOT. EXT/TIME TRANSCRIPT (sua sponte)
1708/23/2002 ACTION BY CLERK (sua sponte). Granted: 08/23/2002
1808/23/2002 TRANSCRIPT DATED July 14, 2000
1908/23/2002 DISK - transcript dated July 14, 2002 (e-mailed)
2010/01/2002 MOT. EXT/TIME APPELLANT BRIEF, Brief in Support, & Affidavit in Support
2110/01/2002 ACTION BY CLERK. Granted: 10/15/2002
2210/15/2002 Rec'd Pl. exh.145,146,166,167,168,169,170,172,174,176,177,178,188,&189-delivered by counsel for AT
2310/15/2002 MOT. EXT/TIME APPELLANT BRIEF
2410/15/2002 ACTION BY CLERK. Granted: 10/18/2002
2510/18/2002 APPELLANT BRIEF
2610/18/2002 APPELLANT APPENDIX
2710/18/2002 DISK - ATB
2811/18/2002 MOTION TO DISMISS. RspDue: 12/13/2002
2911/18/2002 NO ACTION TAKEN (Mot. to be heard w/merits)
3011/20/2002 MOT. EXT/TIME APPELLEE BRIEF
3111/20/2002 ACTION BY CHIEF JUSTICE (MAE). Granted: 11/27/2002
3211/20/2002 MOT. EXT/TIME REPLY BRIEF (sua sponte)
3311/20/2002 ACTION BY CLERK (by 4 p.m. in this office and personally served on Mr. Kettleson). Granted: 12/13/2002
3411/21/2002 MOTION FOR ADMISSION OF THOMAS H. FEGAN PRO HAC VICE, BRIEF/SUPPORT, AFF/OF THOMAS FEGAN,
3511/21/2002 AND AFF. OF JEROME KETTLESON
3611/21/2002 ACTION BY CLERK (MOT/PRO HAC VICE). Granted
3711/26/2002 Request to combine Response to Motion to Dismiss & Reply Brief (Letter form)
3811/27/2002 ACTION BY CHIEF JUSTICE (combined RYB & Response are due by 12-13-02) to be within page/word limit. Granted
3911/27/2002 for RYB
4011/27/2002 APPELLEE BRIEF
4111/27/2002 DISK
4212/12/2002 Notice of Withdrawal of Appearance and Affidavit of Stephen C. Embry
4312/13/2002 REPLY BRIEF
4412/13/2002 Response to Motion to Dismiss (combined with RYB)
4512/13/2002 DISK - RYB
4612/16/2002 Original Notice of Withdrawal of Appearance of Stephen Embry (same as faxed copy filed 12/12/02)
4712/17/2002 APPEARANCES: Robert V. Bolinske, Charles T. Edin; Thomas H. Fegan, Jerome C. Kettleson
4812/17/2002 ARGUED: Bolinske; Fegan (Vol. Y; Page 71)
4912/17/2002 ORAL ARGUMENT WEBCAST
5012/17/2002 MOTION FOR EXTENSION OF PAGE LIMITS FOR RYB
5112/17/2002 ACTION BY CHIEF JUSTICE (MOT/Ext Page Limits). Granted
5203/05/2003 DISPOSITION: AFFIRMED
5303/05/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.
5403/05/2003 Costs on appeal taxed in favor of appellee
5503/07/2003 Order/Judgment Mailed to Parties
5603/19/2003 PETITION FOR REHEARING
5703/20/2003 DISK - PER
5803/26/2003 ACTION BY SUPREME COURT (PER). Denied
5904/01/2003 MOTION TO STAY ISSUANCE OF MANDATE
6004/01/2003 ACTION BY CLERK. Granted
6105/01/2003 MOTION TO EXTEND STAY OF ISSUANCE OF MANDATE OF SUPREME COURT (copy of Motion to Stay attach.)
6205/01/2003 ACTION BY ACTING CHIEF JUSTICE (Mot. to Ext. Stay)
6306/12/2003 MOTION TO EXTEND STAY OF ISSUANCE OF MANDATE & AFFIDAVIT OF SERVICE
6406/12/2003 ACTION BY CHIEF JUSTICE. Granted: 07/01/2003
6507/15/2003 MANDATE
6607/17/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
6708/01/2008 EXPUNGED - Nonpermanent record items destroyed

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