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: |
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| Term: | 04/2003  Argument: 04/02/2003 01:30pm | ||||||
| ND cite: | 2003 ND 121 | ||||||
| NW cite: |
665 N.W.2d 705
Listen to recording of oral argument using RealPlayer Basic,© a free download. | ||||||
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| 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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| 1 | 09/27/2002 | NOTICE OF APPEAL: 09/26/2002 | ||
| 2 | 09/27/2002 | ORDER FOR TRANSCRIPT: 09/26/2002 | ||
| 3 | 09/27/2002 | ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen | ||
| 4 | 10/01/2002 | RETENTION OF RECORD ON APPEAL: 12/25/2002 | ||
| 5 | 11/14/2002 | MOT. EXT/TIME TRANSCRIPT | ||
| 6 | 11/14/2002 | ACTION BY TRIAL COURT. Granted: 12/25/2002 | ||
| 7 | 12/23/2002 | TRANSCRIPTS DATED April 9, 2002 thru April 17, 2002 (Vols 1 - 7) | ||
| 8 | 12/24/2002 | DISK (2) (TRA) (April 9, 10, 11, 12, 15, 16, & 17, 2002) | ||
| 9 | 12/23/2002 | RECORD ON APPEAL (2 Vols.), Exhibits, Depositions (22), Videotapes (3) -- Not rec'd: Clerk's | ||
| 10 | 12/23/2002 | Cert. Nos. 13 (Tape); 212 (Steno Notes); 222 & 235 (Tapes); 242, 244 & 253 (Steno Notes) | ||
| 11 | 01/30/2003 | APPELLANT BRIEF | ||
| 12 | 01/30/2003 | APPELLANT APPENDIX | ||
| 13 | 02/04/2003 | Corrected Covers for ATB and ATA | ||
| 14 | 02/04/2003 | DISK - ATB | ||
| 15 | 02/21/2003 | APPELLEE BRIEF | ||
| 16 | 02/21/2003 | APPELLEE APPENDIX | ||
| 17 | 02/24/2003 | DISK - AEB | ||
| 18 | 03/07/2003 | REPLY BRIEF | ||
| 19 | 03/10/2003 | DISK - RYB | ||
| 20 | 03/21/2003 | SITTING WITH THE COURT: Graff, Benny A. | ||
| 21 | 04/02/2003 | APPEARANCES: Paul R. Oppegard, Corey J. Quinton; Daniel J. Dunn, Anthony J. Weiler | ||
| 22 | 04/02/2003 | ARGUED: Oppegard; Dunn (Vol. Y; Page 104) | ||
| 23 | 04/02/2003 | ORAL ARGUMENT WEBCAST | ||
| 24 | 07/18/2003 | DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT | ||
| 25 | 07/18/2003 | SPLIT OPINION: Kapsner, Carol Ronning | ||
| 26 | 07/18/2003 | (CONCUR and DISSENT): Sandstrom, Dale V.: CON/DIS | ||
| 27 | 07/18/2003 | Costs on appeal taxed in favor of appellee | ||
| 28 | 08/12/2003 | MANDATE | ||
| 29 | 08/15/2003 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | ||
| 30 | 08/19/2008 | EXPUNGED - Nonpermanent record items destroyed |