Iglehart v. Iglehart
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| 20030063 |
Debbie Iglehart, as the surviving
Spouse of Joseph Iglehart, Deceased,
for herself and on behalf of Ariel
Iglehart, the minor Daughter of
Joseph Iglehart, and as Personal
Representative of the Estate of
Joseph Iglehart, deceased, Plaintiff and Appellant
v.
James P. Iglehart, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
McLean County
Judge Thomas J. Schneider |
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Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
09/2003 Argument: 09/08/2003 09:30am
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| ND cite: |
2003 ND 154
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| NW cite: |
670 N.W.2d 343
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 James Iglehart owe a legal duty to Joe Iglehart to protect Joe Iglehart from injury?
Appellee's Statement of the Issues:
Did the District Court err, as a matter of law, when it held that Appellee James P. Iglehart owed no duty to Appellant's Decedent Joseph Iglehart because Joseph knew the risks resulting from his own actions, voluntarily encountering the same, and
assumed the risk thereof and Joseph Iglehart's actions were, as a matter of law, the proximate cause of his own death?
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| 1 | | 03/11/2003 | |
NOTICE OF APPEAL: 03/10/2003 |
| 2 | | 03/11/2003 | |
ORDER FOR TRANSCRIPT (Joyce O. Harnden): 03/10/2003 |
| 3 | | 03/12/2003 | |
RETENTION OF RECORD ON APPEAL: 04/29/2003 |
| 4 | | 04/29/2003 | |
TRANSCRIPT DATED November 19, 2002 |
| 5 | | 04/29/2003 | |
DISK - TRA dated November 19, 2002 |
| 6 | | 05/01/2003 | |
RECORD ON APPEAL includes exhibits and depositions (5) |
| 7 | | 06/09/2003 | |
APPELLANT BRIEF |
| 8 | | 06/09/2003 | |
APPELLANT APPENDIX |
| 9 | | 06/09/2003 | |
DISK - ATB (e-mailed) |
| 10 | | 07/11/2003 | |
APPELLEE BRIEF |
| 11 | | 07/11/2003 | |
APPELLEE Supplemental APPENDIX |
| 12 | | 07/14/2003 | |
DISK - AEB |
| 13 | | 09/08/2003 | |
APPEARANCES: Steven L. Latham; Jay H. Fiedler |
| 14 | | 09/08/2003 | |
ARGUED: Latham; Fiedler (Vol. Y; Page 135) |
| 15 | | 09/08/2003 | |
ORAL ARGUMENT WEBCAST |
| 16 | | 10/23/2003 | |
DISPOSITION: AFFIRMED |
| 17 | | 10/23/2003 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 18 | | 10/23/2003 | |
Costs on appeal taxed in favor of appellee |
| 19 | | 10/24/2003 | |
Judgment Mailed to Parties |
| 20 | | 11/21/2003 | |
MANDATE |
| 21 | | 10/25/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 22 | | 01/28/2010 | |
EXPUNGED - Nonpermanent record items destroyed |