Muhammed v. Welch
Sefin Muhammed, Plaintiff and Appellant
Ellen Welch, Defendant and Appellee
East Central Judicial District,
Judge Cynthia Rothe-Seeger
|Nature of Action:||Personal Injury|
|Term:||11/2003  Argument: 11/26/2003|
|ND cite:||2004 ND 46|
675 N.W.2d 402
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1.Was it error for the District Court to rule that the actions of a Defendants' insurance representative(s) were not the actions of the Defendant for purposes of applying the doctrine of equitable estoppel as a means of precluding the application of the statute of limitations when factual issues existed regarding the actions of Defendant's insurer inducing Plaintiff to believe service was effective when it knew Defendant had died years earlier and revealed that fact only after the statute had run?
2.Was it error for the District Court to rule the actions of Defendant's insurance representative(s) were not the actions of the Defendant for purposes of finding fraud whereby Plaintiff would have been allowed an additional year after first learning of Defendant's death within which to file his personal injury action?
3.Where deceased Defendant's spouse accepts restricted delivery of the Summons and Complaint on behalf of his deceased wife thereby holding himself out as deceased's de facto representative, is service of process effective?
4.After learning of Defendant's death, does opening an estate for purposes of service of Plaintiff's personal injury suit relate back to the original summons and complaint served on Defendant?
5.Was it error for the District Court to grant summary judgment without allowing Plaintiff the opportunity to go forward with discovery on issues relevant to Defendant insurance carrier's knowledge and conduct regarding Defendant's death and its actions in concealing that death from Plaintiff?
Appellee's Statement of the Issues:
1. Whether the trial court properly held that the case should be dismissed for improper service of process.
2. Whether the trial court properly found that the statute of limitations had expired on any claim against the Estate of Ellen Welch.
3. Whether an amendment of the Complaint to substitute the estate can relate back to service of process that was a nullity.
4. Whether the trial court properly rejected Muhammed's claim under the doctrine of equitable estoppel.
5. Whether N.D.C.C. 28-01-24 provides for an additional year within which to commence this action.
6. Whether Muhammed properly reserved a request under N.D.R. Civ. P. 56(e) for further discovery prior to entry of summary judgment.
|Add Docket 20030182 RSS|
|1||06/26/2003 NOTICE OF APPEAL: 06/25/2003|
|2||06/26/2003 ORDER FOR TRANSCRIPT: 06/25/2003|
|3||07/23/2003 TRANSCRIPT DATED 3-20-03|
|4||07/23/2003 DISK - e-mailed (TRA dated 3-20-03)|
|5||08/05/2003 RECORD ON APPEAL not rec'd w/Record was No. 22 (Tape)|
|6||08/28/2003 APPELLANT BRIEF|
|7||08/28/2003 APPELLANT APPENDIX|
|8||08/29/2003 DISK of ATB|
|9||09/03/2003 Page 3 for ATA|
|10||09/26/2003 APPELLEE BRIEF|
|11||09/29/2003 DISK - AEB|
|12||10/13/2003 REPLY BRIEF OF APPELLANT|
|13||10/14/2003 DISK - RYB|
|14||11/26/2003 APPEARANCES: Duane A. Lillehaug; Jacqueline Sue Anderson|
|15||11/26/2003 ARGUED: Lillehaug; Anderson (Vol. Y; Page 174)|
|16||11/26/2003 ORAL ARGUMENT WEBCAST|
|17||02/25/2004 DISPOSITION: REVERSED AND REMANDED|
|18||02/25/2004 UNANIMOUS OPINION: Kapsner, Carol Ronning|
|19||02/25/2004 Costs on appeal taxed in favor of appellant|
|20||02/26/2004 Judgment Mailed to Parties|
|22||04/01/2004 Corrected/Substitute Opinion Page (front cover) - sent to West & trial ct. clerk|
|23||03/24/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|24||10/26/2010 EXPUNGED - Nonpermanent record items destroyed|