Collette v. Clausen

20030026 Katie Collette, individually
and as the surviving wife and
representative of the heirs
at law and estate of Joshua
Collette, deceased, Plaintiff and Appellant
v.
Robert Clausen, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Debbie Gordon Kleven
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Conmy Feste, Ltd.
Appellee: Erickson Law Office
Term: 06/2003   Argument: 06/18/2003  1:30pm
ND cite: 2003 ND 129
NW cite: 667 N.W.2d 617

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the trial court erred in granting summary judgment finding that as a matter of law it was unforeseeable that Joshua Collette, who was driving defendant's snowmobile on the Red River, would drive past defendant who had stopped to relieve himself.

Appellee's Statement of the Issues:
Whether the Trial Court erred in granting summary judgment concluding as a matter of law that Defendant, Robert Clausen, owed no duty to Plaintiff's decedent Joshua Collette.

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Docket entries:
101/22/2003 NOTICE OF APPEAL: 01/21/2003
202/20/2003 RECORD ON APPEAL INCLUDING DEPOSITIONS (2) OF KATIE COLLETTE AND ROBERT CLAUSEN
302/27/2003 APPELLANT BRIEF
402/27/2003 APPELLANT APPENDIX
502/28/2003 DISK - ATB
603/24/2003 MOT. EXT/TIME APPELLEE BRIEF & Affidavit/Support (e-faxed)
703/24/2003 ACTION BY CLERK, w/understanding oral argument will be in June. Granted: 04/30/2003
803/25/2003 Motion for Enlargement of Time to File Appellee's Brief & Affid/Support (Same as faxed copy)
904/30/2003 APPELLEE BRIEF
1005/07/2003 Corrected TOA & pages 3, 4, 5, 12, 14, 15, & 16 for AEB
1105/07/2003 DISK - AEB
1205/07/2003 REPLY BRIEF of Appellant
1305/13/2003 DISK - RYB
1406/17/2003 Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel) (APPROVED)
1506/18/2003 APPEARANCES: Kim E. Brust; James D. Erickson
1606/18/2003 ARGUED: Brust; Erickson (Vol. Y; Page 121)
1706/18/2003 ORAL ARGUMENT WEBCAST
1808/20/2003 DISPOSITION: AFFIRMED
1908/20/2003 UNANIMOUS OPINION: Kapsner, Carol Ronning
2008/20/2003 Costs on appeal taxed in favor of appellee
2108/22/2003 Order/Judgment Mailed to Parties
2209/11/2003 MANDATE
2309/16/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2411/18/2009 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014