Langness v. Fencil Urethane Systems

20030004 Duane E. Langness, Plaintiff and Appellant
v.
Fencil Urethane Systems, Inc.,
a corporation, Defendant and Appellee
--------------
RDO Farm Partnership, d/b/a
RD Offutt, Inc., a corporation;
James Behrens; and Polydyne, Inc., Defendants

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Burt L. Riskedahl
Nature of Action: Personal Injury
Counsel:
Appellant: Lee Hagen Law Office, Ltd.
Appellee: Smith Bakke Porsborg Schweigert & Armstrong
Term: 04/2003   Argument: 04/28/2003  10:45am
ND cite: 2003 ND 132
NW cite: 667 N.W.2d 596

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Issues: Appellant's Statement of the Issues:
1. Did the court err in excluding the testimony of Toxicologist, Dr. Alan Buck?
2. Did the court err in allowing testimony about Langness' suit against other defendants who settled before trial?
3. Did the court err in allowing impeachment on a collateral matter?
4. Did the court err in excluding a technical data sheet?
5. Did the court err in excluding a functional capacity evaluation?
6. Did the court err in refusing Langness' instructions and giving certain instructions?
7. Did the court err in taxation of costs?
8. Did the court err in denying a claim for punitive damages?

Appellee's Statement of the Issues:
1. Did the trial court abuse its discretion in making its evidentiary rulings?
2. Did the trial court err in refusing certain jury instructions requested by Langness?
3. Did the trial court err in taxation of costs?
4. Did the trial court err in denying Langness' claim for punitive damages?

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Docket entries:
101/03/2003 NOTICE OF APPEAL: 01/02/2003
202/03/2003 RECORD ON APPEAL (4 Vols.), Deposition, Dep. Exhibits, TRA of Motion to Ext Time dated 7-19-01 (3);
302/03/2003 TRA of Various Motions dated 9-26-01 (3); Master Index for Jury Trial Transcript dated 7-22-02
402/03/2003 thru 7-26-02; TRA dated 7-22-02 (3); TRA dated 7-23-02 (3); TRA dated 7-24-02 (3); TRA dated
502/03/2003 7-25-02 (3); TRA dated 7-26-02 (3)
602/03/2003 DISK - TR1 (7-22-02); TR2 (7-23-02); TR3 (7-24-02); TR4 (7-25-02); TR5 (7-26-02); TR6(Master Index)
702/11/2003 APPELLANT APPENDIX
802/12/2003 SUPPLEMENTAL CLERK'S CERT. DATED 2-10-03 (5 Depositions & the following Exhibits: 5D; 6-9; 11-18;
902/12/2003 28; 29; 38; 40-45; 47-50; 52-78; 80-82; 85; 114; 137; 201; 204-206; 223; 225; 231 (2); 238;
1002/12/2003 241-243; 245; 247; 248; 251; 256; 268-271 -- exhibits are identified on Trial Record -Cert. #174)
1102/19/2003 APPELLANT BRIEF
1202/19/2003 w/attached addendum
1302/19/2003 DISK - atb (e-mailed)
1403/17/2003 APPELLEE BRIEF
1503/17/2003 APPELLEE APPENDIX
1603/17/2003 DISK - AEB
1704/03/2003 REPLY BRIEF
1804/07/2003 DISK (e-mailed) - RYB
1904/28/2003 APPEARANCES: Duane A. Lillehaug; Randall J. Bakke
2004/28/2003 ARGUED: Lillehaug; Bakke (Vol. Y; Page 109)
2104/28/2003 ORAL ARGUMENT WEBCAST
2208/20/2003 DISPOSITION: REVERSED AND REMANDED
2308/20/2003 UNANIMOUS OPINION: Maring, Mary Muehlen
2408/20/2003 Costs on appeal taxed in favor of appellant
2508/22/2003 Judgment Mailed to Parties
2609/11/2003 MANDATE
2709/22/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2810/28/2009 EXPUNGED - Nonpermanent record items destroyed

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