Langness v. Fencil Urethane Systems
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| 20030004 |
Duane E. Langness, Plaintiff and Appellant
v.
Fencil Urethane Systems, Inc.,
a corporation, Defendant and Appellee
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RDO Farm Partnership, d/b/a
RD Offutt, Inc., a corporation;
James Behrens; and Polydyne, Inc., Defendants
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Burt L. Riskedahl |
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Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
04/2003 Argument: 04/28/2003 10:45am
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| ND cite: |
2003 ND 132
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| NW cite: |
667 N.W.2d 596
Listen to recording of oral argument
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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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| 1 | | 01/03/2003 | |
NOTICE OF APPEAL: 01/02/2003 |
| 2 | | 02/03/2003 | |
RECORD ON APPEAL (4 Vols.), Deposition, Dep. Exhibits, TRA of Motion to Ext Time dated 7-19-01 (3); |
| 3 | | 02/03/2003 | |
TRA of Various Motions dated 9-26-01 (3); Master Index for Jury Trial Transcript dated 7-22-02 |
| 4 | | 02/03/2003 | |
thru 7-26-02; TRA dated 7-22-02 (3); TRA dated 7-23-02 (3); TRA dated 7-24-02 (3); TRA dated |
| 5 | | 02/03/2003 | |
7-25-02 (3); TRA dated 7-26-02 (3) |
| 6 | | 02/03/2003 | |
DISK - TR1 (7-22-02); TR2 (7-23-02); TR3 (7-24-02); TR4 (7-25-02); TR5 (7-26-02); TR6(Master Index) |
| 7 | | 02/11/2003 | |
APPELLANT APPENDIX |
| 8 | | 02/12/2003 | |
SUPPLEMENTAL CLERK'S CERT. DATED 2-10-03 (5 Depositions & the following Exhibits: 5D; 6-9; 11-18; |
| 9 | | 02/12/2003 | |
28; 29; 38; 40-45; 47-50; 52-78; 80-82; 85; 114; 137; 201; 204-206; 223; 225; 231 (2); 238; |
| 10 | | 02/12/2003 | |
241-243; 245; 247; 248; 251; 256; 268-271 -- exhibits are identified on Trial Record -Cert. #174) |
| 11 | | 02/19/2003 | |
APPELLANT BRIEF |
| 12 | | 02/19/2003 | |
w/attached addendum |
| 13 | | 02/19/2003 | |
DISK - atb (e-mailed) |
| 14 | | 03/17/2003 | |
APPELLEE BRIEF |
| 15 | | 03/17/2003 | |
APPELLEE APPENDIX |
| 16 | | 03/17/2003 | |
DISK - AEB |
| 17 | | 04/03/2003 | |
REPLY BRIEF |
| 18 | | 04/07/2003 | |
DISK (e-mailed) - RYB |
| 19 | | 04/28/2003 | |
APPEARANCES: Duane A. Lillehaug; Randall J. Bakke |
| 20 | | 04/28/2003 | |
ARGUED: Lillehaug; Bakke (Vol. Y; Page 109) |
| 21 | | 04/28/2003 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 08/20/2003 | |
DISPOSITION: REVERSED AND REMANDED |
| 23 | | 08/20/2003 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 24 | | 08/20/2003 | |
Costs on appeal taxed in favor of appellant |
| 25 | | 08/22/2003 | |
Judgment Mailed to Parties |
| 26 | | 09/11/2003 | |
MANDATE |
| 27 | | 09/22/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 28 | | 10/28/2009 | |
EXPUNGED - Nonpermanent record items destroyed |