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

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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:
107/16/2002 NOTICE OF APPEAL: 07/15/2002
207/16/2002 ORDER FOR TRANSCRIPT (S. Michelle Bredemeier): 07/15/2002
307/16/2002 RETENTION OF RECORD ON APPEAL (S. Michelle Bredemeier): 09/03/2002
408/02/2002 TRANSCRIPT DATED April 22, 2002
508/05/2002 DISK - TRA (4-22-02)
608/12/2002 RECORD ON APPEAL (2 Volumes)
709/10/2002 APPELLANT BRIEF
809/10/2002 APPELLANT APPENDIX
909/19/2002 MOT. EXT/TIME APPELLEE BRIEF (via facsimile)
1009/19/2002 ACTION BY CLERK (w/understanding o.a. in December). Granted: 11/13/2002
1109/20/2002 Motion for extension of time to file AEB & Affidavit (acted on via fax)
1209/23/2002 Response to Motion for Ext. of Time from AT Timothy Hill
1310/02/2002 Corrected TOA & page 16 for ATB
1410/02/2002 DISK - ATB (e-mailed)
1510/24/2002 MOTION FOR Relief from North Dakota Rule of Appellate Procedure 28(h), Length of AEB(18,000 words)
1610/24/2002 ACTION BY CHIEF JUSTICE (Mot/Relief/Length of AEB). Denied
1711/12/2002 APPELLEE BRIEF
1811/12/2002 APPELLEE APPENDIX
1911/12/2002 DISK - AEB
2011/22/2002 MOT. EXT/TIME REPLY BRIEF; AFFIDAVIT OF TIMOTHY P HILL IN SUPPORT OF MRY (faxed)
2111/22/2002 ACTION BY CHIEF DEPUTY CLERK (RYB must be rec'd & filed in Clerk's office no later than. Granted: 12/09/2002
2211/22/2002 Monday, Dec. 9; must also be served on opposing counsel by 12-09-02)
2311/25/2002 Mot/Ext/Time/RYB & Aff/Support (same as faxed copy filed 11/22/02)
2412/06/2002 REPLY BRIEF
2512/09/2002 DISK - RYB
2612/12/2002 APPEARANCES: Timothy P. Hill; Margaret Moore Jackson
2712/12/2002 ARGUED: Hill; Jackson (Vol Y; Page 65)
2812/12/2002 ORAL ARGUMENT WEBCAST
2903/26/2003 DISPOSITION: AFFIRMED
3003/26/2003 UNANIMOUS OPINION: Kapsner, Carol Ronning
3103/26/2003 Costs on appeal taxed in favor of appellee
3203/27/2003 Judgment Mailed to Parties
3304/17/2003 MANDATE
3404/23/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3508/06/2008 EXPUNGED - Nonpermanent record items destroyed

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