Green v. Mid Dakota Clinic

20030264 Tracy Paul Green, Plaintiff and Appellant
v.
Mid Dakota Clinic, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Personal Injury
Counsel:
Appellant: Severin, Ringsak & Morrow
Appellee: Fleck, Mather & Strutz
Term: 12/2003   Argument: 12/09/2003  9:30am
ND cite: 2004 ND 12
NW cite: 673 N.W.2d 257

Listen to recording of oral argument in MP3 format

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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Docket entries:
109/11/2003 NOTICE OF APPEAL: 09/08/2003
209/11/2003 Copy of Order Permitting Waiver of Filing Fees and Cost Bond dtd 9-8-2003 by Dist Judge Jorgensen
310/03/2003 RECORD ON APPEAL
410/14/2003 APPELLANT BRIEF
510/14/2003 APPELLANT APPENDIX
610/21/2003 Corrected Table of Authorities and pages for Appellant's Brief (inserted)
710/21/2003 DISK - ATB (e-mailed)
811/12/2003 APPELLEE BRIEF
911/12/2003 DISK - AEB
1012/09/2003 APPEARANCES: Kent M. Morrow; Michael C. Waller
1112/09/2003 ARGUED: Morrow; Waller (Vol. Y; Page 181)
1212/09/2003 ORAL ARGUMENT WEBCAST
1312/12/2003 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
1401/14/2004 DISPOSITION: REVERSED AND REMANDED
1501/14/2004 UNANIMOUS OPINION: VandeWalle, Gerald W.
1601/14/2004 Costs on appeal taxed in favor of Appellant
1701/15/2004 Judgment Mailed to Parties
1802/09/2004 MANDATE
1902/12/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2011/23/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/27/2014