Iglehart v. Iglehart

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

Appeal from: District Court, South Central Judicial District, McLean County
Judge Thomas J. Schneider
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Wheeler Wolf
Appellee: Pearson Christensen & Clapp, PLLP
Term: 09/2003   Argument: 09/08/2003  9:30am
ND cite: 2003 ND 154
NW cite: 670 N.W.2d 343

Listen to recording of oral argument in MP3 format

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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Docket entries:
103/11/2003 NOTICE OF APPEAL: 03/10/2003
203/11/2003 ORDER FOR TRANSCRIPT (Joyce O. Harnden): 03/10/2003
303/12/2003 RETENTION OF RECORD ON APPEAL: 04/29/2003
404/29/2003 TRANSCRIPT DATED November 19, 2002
504/29/2003 DISK - TRA dated November 19, 2002
605/01/2003 RECORD ON APPEAL includes exhibits and depositions (5)
706/09/2003 APPELLANT BRIEF
806/09/2003 APPELLANT APPENDIX
906/09/2003 DISK - ATB (e-mailed)
1007/11/2003 APPELLEE BRIEF
1107/11/2003 APPELLEE Supplemental APPENDIX
1207/14/2003 DISK - AEB
1309/08/2003 APPEARANCES: Steven L. Latham; Jay H. Fiedler
1409/08/2003 ARGUED: Latham; Fiedler (Vol. Y; Page 135)
1509/08/2003 ORAL ARGUMENT WEBCAST
1610/23/2003 DISPOSITION: AFFIRMED
1710/23/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.
1810/23/2003 Costs on appeal taxed in favor of appellee
1910/24/2003 Judgment Mailed to Parties
2011/21/2003 MANDATE
2110/25/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2201/28/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/16/2014