Koehler v. County of Grand Forks

20020188

Peggy A. Koehler, Plaintiff and Appellant
v.
County of Grand Forks,
Grand Forks County Board
of Commissioners and Gary
Malm, Arvin Kvasager, William
"Spud" Murphy, Constance Triplett
and Robert Wood, individually,
and Arlene Lucke and Mary Ann
Gunderson, jointly and severally, Defendants and Appellees

Appeal from:

District Court, Northeast Central Judicial District, Grand Forks County
Judge Lawrence E. Jahnke

Nature of Action:

Employer/Employee Dispute

Counsel:

Appellant:		Hill Law Office, PLLC
Appellee:		Pearson Christensen & Clapp, PLLP

Term:

12/2002 Argument: 12/12/2002 10:45am

ND cite:

2003 ND 44

NW cite:

658 N.W.2d 741

Listen to recording of oral argument
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Issues:

Appellant's Statement of the Issues:
Did the Trial Court err in determining that a genuine issue of fact did not exist as to whether Ms. Koehler was disabled?
Did the Trial Court err in finding no tortious interference with contract?
Did the Trial Court err in dismissing Ms. Koehler's negligent supervision claim on the damage element?
Reply Brief Issues
Did Ms. Koehler make a prima facie case that she has a physical impairment that substantially limits a major life activity?
Did Ms. Koehler suffer adverse employment action because of her disability?
Did Ms. Koehler present sufficient facts to establish a Harassment claim based on disability?
Did Ms. Koehler present sufficient facts to establish a Tortious Interference with contractual relations claim?
Did the Trial Court error in granting summary judgment on Ms. Koehler's negligent supervision claim?
Were the Individual Appellees properly named in the individual and official capacities?
Were the Individual Appellees entitled to Statutory Immunity?

Appellee's Statement of the Issues:
A. Was Summary Judgment Properly Granted on Koehler's Disability Discrimination Claim?
1. Did Koehler Fail to Present Sufficient Facts to Establish That She is Disabled?
2. Did Koehler Fail to Present Sufficient Facts to Establish That She Suffered Any Adverse Employment Action Because of a Disability?
3. Did Koehler Fail to Present Sufficient Facts to Support a Claim for Harassment Based Upon a Disability?
B. Was Summary Judgment Properly Granted on Koehler's Claim For Tortious Interference with Contractual Relations?
1. Did Koehler Fail to Present Facts Sufficient to Show Any Breach of Contract?
2. Did Koehler Fail to Present Facts Sufficient to Support a Finding That Her Supervisors Instigated Any Breach of Contract?
3. Did Koehler Fail to Present Adequate Facts to Establish That Her Supervisors Acted Without Justification?
C. Was Summary Judgment Properly Granted on Koehler's Claim for Negligent Supervision Because No Evidence Was Presented to Establish the Prima Facie Elements?
D. Were Koehler's Claims Against the Individual Appellees in Their Official Capacities Improperly Redundant?
E. Were the Individual Appellees Entitled to Statutory Immunity?

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Docket entries:

1	07/16/2002	NOTICE OF APPEAL: 07/15/2002
2	07/16/2002	ORDER FOR TRANSCRIPT (S. Michelle Bredemeier): 07/15/2002
3	07/16/2002	RETENTION OF RECORD ON APPEAL (S. Michelle Bredemeier): 09/03/2002
4	08/02/2002	TRANSCRIPT DATED April 22, 2002
5	08/05/2002	DISK - TRA (4-22-02)
6	08/12/2002	RECORD ON APPEAL (2 Volumes)
7	09/10/2002	APPELLANT BRIEF
8	09/10/2002	APPELLANT APPENDIX
9	09/19/2002	MOT. EXT/TIME APPELLEE BRIEF (via facsimile)
10	09/19/2002	ACTION BY CLERK (w/understanding o.a. in December). Granted: 11/13/2002
11	09/20/2002	Motion for extension of time to file AEB & Affidavit (acted on via fax)
12	09/23/2002	Response to Motion for Ext. of Time from AT Timothy Hill
13	10/02/2002	Corrected TOA & page 16 for ATB
14	10/02/2002	DISK - ATB (e-mailed)
15	10/24/2002	MOTION FOR Relief from North Dakota Rule of Appellate Procedure 28(h), Length of AEB(18,000 words)
16	10/24/2002	ACTION BY CHIEF JUSTICE (Mot/Relief/Length of AEB). Denied
17	11/12/2002	APPELLEE BRIEF
18	11/12/2002	APPELLEE APPENDIX
19	11/12/2002	DISK - AEB
20	11/22/2002	MOT. EXT/TIME REPLY BRIEF; AFFIDAVIT OF TIMOTHY P HILL IN SUPPORT OF MRY (faxed)
21	11/22/2002	ACTION BY CHIEF DEPUTY CLERK (RYB must be rec'd & filed in Clerk's office no later than. Granted: 12/09/2002
22	11/22/2002	Monday, Dec. 9; must also be served on opposing counsel by 12-09-02)
23	11/25/2002	Mot/Ext/Time/RYB & Aff/Support (same as faxed copy filed 11/22/02)
24	12/06/2002	REPLY BRIEF
25	12/09/2002	DISK - RYB
26	12/12/2002	APPEARANCES: Timothy P. Hill; Margaret Moore Jackson
27	12/12/2002	ARGUED: Hill; Jackson (Vol Y; Page 65)
28	12/12/2002	ORAL ARGUMENT WEBCAST
29	03/26/2003	DISPOSITION: AFFIRMED
30	03/26/2003	UNANIMOUS OPINION: Kapsner, Carol Ronning
31	03/26/2003	Costs on appeal taxed in favor of appellee
32	03/27/2003	Judgment Mailed to Parties
33	04/17/2003	MANDATE
34	04/23/2003	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
35	08/06/2008	EXPUNGED - Nonpermanent record items destroyed

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