Green v. Mid Dakota Clinic
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| 20030264 |
Tracy Paul Green, Plaintiff and Appellant
v.
Mid Dakota Clinic, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Donald L. Jorgensen |
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Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
12/2003 Argument: 12/09/2003 09:30am
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| ND cite: |
2004 ND 12
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| NW cite: |
673 N.W.2d 257
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| Issues: |
Appellant's Statement of the Issues:
1. Did the Trial Court Commit Reversible Error When it Concluded that "Reasonable People Could Come to But One Conclusion, that the Plaintiff Knowingly Assumed the Risk of Fall When Attempting to Transfer from a Wheelchair to a Motor Vehicle Without
Assistance"?
Appellee's Statement of the Issues:
Did the trial court err in granting summary judgment dismissing Green's claim when it determined that reasonable minds could not differ in concluding his fall and resulting injuries were caused by his own negligence? No, from the evidence presented
to it, the trial court properly determined that Green knowingly assumed the risk of falling when attempting to transfer from a wheelchair to his friend's car without assistance and that in this conclusion reasonable minds could not differ.
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| 1 | | 09/11/2003 | |
NOTICE OF APPEAL: 09/08/2003 |
| 2 | | 09/11/2003 | |
Copy of Order Permitting Waiver of Filing Fees and Cost Bond dtd 9-8-2003 by Dist Judge Jorgensen |
| 3 | | 10/03/2003 | |
RECORD ON APPEAL |
| 4 | | 10/14/2003 | |
APPELLANT BRIEF |
| 5 | | 10/14/2003 | |
APPELLANT APPENDIX |
| 6 | | 10/21/2003 | |
Corrected Table of Authorities and pages for Appellant's Brief (inserted) |
| 7 | | 10/21/2003 | |
DISK - ATB (e-mailed) |
| 8 | | 11/12/2003 | |
APPELLEE BRIEF |
| 9 | | 11/12/2003 | |
DISK - AEB |
| 10 | | 12/09/2003 | |
APPEARANCES: Kent M. Morrow; Michael C. Waller |
| 11 | | 12/09/2003 | |
ARGUED: Morrow; Waller (Vol. Y; Page 181) |
| 12 | | 12/09/2003 | |
ORAL ARGUMENT WEBCAST |
| 13 | | 12/12/2003 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 14 | | 01/14/2004 | |
DISPOSITION: REVERSED AND REMANDED |
| 15 | | 01/14/2004 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 16 | | 01/14/2004 | |
Costs on appeal taxed in favor of Appellant |
| 17 | | 01/15/2004 | |
Judgment Mailed to Parties |
| 18 | | 02/09/2004 | |
MANDATE |