Amyotte v. Rolette Co. Housing Authority

20020191 Shaylee Amyotte, a minor child,
by and through her parent,
Bernice Amyotte, Plaintiff and Appellee
v.
Rolette County Housing Authority, Defendant and Appellant
and
Timothy Shirk, Individually and
as Apartment Complex Manager
for Rolette County Housing Authority, Defendant

Appeal from: District Court, Northeast Judicial District, Rolette County
Judge Lester Ketterling
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: McGee, Hankla, Backes & Dobrovolny
Appellee: Pringle & Herigstad, P.C.
Term: 12/2002   Argument: 12/13/2002  1:30pm
ND cite: 2003 ND 48
NW cite: 658 N.W.2d 324

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the Trial Court Err when it Denied Defendant's Motions for Judgment as a Matter of Law and when it Refused to Instruct the Jury on Issues of Liability with Respect to Injuries Caused by Animals?
II. Did the Trial Court Err When it Denied Defendant's Rule 50 Motions on the Basis of Insufficiency of the Evidence as to Claims of Ordinary Negligence?
Reply Brief Issues
I. Can the Appellees, by motion, request the Supreme Court to consider questions that were not presented to the trial court and that are raised for the first time on appeal?

Appellee's Statement of the Issues:
I. Whether the trial court erred in instructing the jury on ordinary negligence.
II. Whether the evidence of the housing authority's negligence supports the jury's verdict.
III. Whether an award of attorney fees on appeal to shaylee is appropriate.

Add Docket 20020191 RSS Add Docket 20020191 RSS

Docket entries:
107/22/2002 NOTICE OF APPEAL: 07/19/2002
207/22/2002 ORDER FOR TRANSCRIPT: 07/19/2002
308/15/2002 RECORD ON APPEAL & EXHIBITS
408/28/2002 TRANSCRIPTS COMMENCING JANUARY 22, 2002 (3 Vol.), AND APRIL 15, 2002
509/05/2002 DISK - TRAs of Jan 22, 2002 (3 Vol) and Apr 15, 2002
610/07/2002 APPELLANT BRIEF
710/07/2002 APPELLANT APPENDIX
810/10/2002 Corrected TOA and page 9 for ATB
910/10/2002 DISK - ATB
1011/07/2002 APPELLEE BRIEF
1111/07/2008 Addendum for AEB
1211/08/2002 DISK - AEB
1311/08/2002 MOTION AND AFFIDAVIT FOR ATTORNEY'S FEES AND COSTS ON APPEAL
1411/15/2002 Reply in Response to Motion for Attorney's Fees (MUST use after RSPDUE)
1511/18/2002 DISK - RYB
1612/13/2002 APPEARANCES: Richard H. McGee II; Debra L. Hoffarth
1712/13/2002 ARGUED: McGee; Hoffarth (Vol. Y; Page 68)
1812/13/2002 ORAL ARGUMENT WEBCAST
1903/26/2003 ACTION BY SUPREME COURT (Mot/Atty/Fees)(per opinion, Appellee is not entitled to Atty. Fees). Denied
2003/26/2003 DISPOSITION: REVERSED AND REMANDED
2103/26/2003 UNANIMOUS OPINION: Sandstrom, Dale V.
2203/26/2003 Costs on appeal taxed in favor of Appellant.
2303/27/2003 Judgment Mailed to Parties
2404/17/2003 MANDATE
2504/24/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2608/07/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/21/2014