Gonzalez v. Tounjian

20020263 Liliam Gonzalez, Plaintiff and Appellee
v.
Jessica Tounjian, Defendant
and
Dolund Partnership, L.L.P., Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Frank L. Racek
Nature of Action: Personal Injury
Counsel:
Appellant: #Smith Bakke Oppegard Porsborg Wolf
Appellee: Maring Williams Law Office
Term: 04/2003   Argument: 04/02/2003  1:30pm
ND cite: 2003 ND 121
NW cite: 665 N.W.2d 705

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Did the trial court err by creating a premises liability standard that is contrary to North Dakota law?
II.Did the trial court err in admitting expert testimony from an unqualified witness whose opinions were without foundation?
III. Did the trial court err in admitting evidence of future medical expenses without the necessary foundation required by North Dakota law?
IV. Did the trial court commit a mistake of law in allowing pre-judgment interest to be applied to future damages and non-economic damages?

Appellee's Statement of the Issues:
The Trial Court Properly Instructed the Jury on Controlling North Dakota Law on Premises Liability
The Trial Court Properly Instructed the Jury on the Common Law Duty of Care
The Trial Court Correctly Instructed the Jury on a Landlord's Statutory Duty of Care
The Evidence Supported a Finding of Negligence Under the Statutory and Common Law
The Trial Court did not Arbitrarily Exclude Evidence of a Lack of Notice of Hidden Dangerous Conditions
The Trial Court Properly Rejected the Analysis Set Forth in Gradjelick v. Hance, 627 N.W.2d 708 (Minn. App. Ct. 2001)
The Trial Court Properly Instructed the Jury Regarding the "Knowledge of the Law"
The Proposed Instructions Submitted by Dolund Were Incorrect Statements of North Dakota Law
The Trial Court Properly Admitted the Testimony From Dr. David Griffin
The Trial Court Properly Admitted Evidence Regarding Liliam's Future Medical Expenses
The Trial Court Correctly Calculated the Prejudgment Interest in this Case

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Docket entries:
109/27/2002 NOTICE OF APPEAL: 09/26/2002
209/27/2002 ORDER FOR TRANSCRIPT: 09/26/2002
309/27/2002 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
410/01/2002 RETENTION OF RECORD ON APPEAL: 12/25/2002
511/14/2002 MOT. EXT/TIME TRANSCRIPT
611/14/2002 ACTION BY TRIAL COURT. Granted: 12/25/2002
712/23/2002 TRANSCRIPTS DATED April 9, 2002 thru April 17, 2002 (Vols 1 - 7)
812/24/2002 DISK (2) (TRA) (April 9, 10, 11, 12, 15, 16, & 17, 2002)
912/23/2002 RECORD ON APPEAL (2 Vols.), Exhibits, Depositions (22), Videotapes (3) -- Not rec'd: Clerk's
1012/23/2002 Cert. Nos. 13 (Tape); 212 (Steno Notes); 222 & 235 (Tapes); 242, 244 & 253 (Steno Notes)
1101/30/2003 APPELLANT BRIEF
1201/30/2003 APPELLANT APPENDIX
1302/04/2003 Corrected Covers for ATB and ATA
1402/04/2003 DISK - ATB
1502/21/2003 APPELLEE BRIEF
1602/21/2003 APPELLEE APPENDIX
1702/24/2003 DISK - AEB
1803/07/2003 REPLY BRIEF
1903/10/2003 DISK - RYB
2003/21/2003 SITTING WITH THE COURT: Graff, Benny A.
2104/02/2003 APPEARANCES: Paul R. Oppegard, Corey J. Quinton; Daniel J. Dunn, Anthony J. Weiler
2204/02/2003 ARGUED: Oppegard; Dunn (Vol. Y; Page 104)
2304/02/2003 ORAL ARGUMENT WEBCAST
2407/18/2003 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
2507/18/2003 SPLIT OPINION: Kapsner, Carol Ronning
2607/18/2003 (CONCUR and DISSENT): Sandstrom, Dale V.: CON/DIS
2707/18/2003 Costs on appeal taxed in favor of appellee
2808/12/2003 MANDATE
2908/15/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3008/19/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014