Haley v. Dennis
Lisa Haley, Plaintiff and Appellant
Martin Dennis, M.D.,
and Trinity Hospital, Defendants and Appellees
North Central Judicial District,
Judge Gerald H. Rustad
|Nature of Action:||Malpractice|
|Term:||01/2004  Argument: 01/05/2004|
|ND cite:||2004 ND 96|
679 N.W.2d 263
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether the trial court's refusal to vacate the inconsistent and irreconcilable verdict and grant a new trial under N.D.R. Civ. P. 59(b) 1 and/or 6 and 59(g) was manifest abuse of discretion?
II. Whether the trial court's refusal to vacate the verdict and grant a new trial under N.D.R. Civ. P. 59(b) 1 and/or 6, 51(c), and Section 28-14-19 N.D.C.C., because of the irregularity of the proceedings due to the court's communications with the jury during deliberations outside the presence of and without notice to the parties or counsel was manifest abuse of discretion?
III. Whether the trial court's granting of Defendant's motion for partial summary judgment on the deceit count prior to trial was manifest abuse of discretion?
IV. Whether the trial court abused its discretion by denying Haley's Section 28-26-16 N.D.C.C. Motion for Review of the Clerk's Taxation of Costs and Disbursements.
Appellee's Statement of the Issues:
I. Whether the trial court abused its discretion in denying Plaintiff's N.D. R. Civ. Pro. 59(b)1 and/or 6 and 59(g) motion for a new trial based on the jury's special verdict form.
II. Whether the trial court abused its discretion in denying Plaintiff's N.D. R. Civ. P. 59(b)1 and/or 6 and 51(c) motion for a new trial based on the court's communications with the jury.
III. Whether the trial court's granting of partial summary judgment prior to trial was proper.
IV. Whether the trial court abused its discretion in its award of costs and disbursements to Defendants.
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|1||09/30/2003 NOTICE OF APPEAL: 09/29/2003|
|2||09/30/2003 Copy of Affidavit of Ronald G. Schmidt (Pro Hac Vice)|
|3||10/06/2003 Letter From Patrick Maddock dated 10-3-03 RE: No objection to Mr. Schmidt appearing Pro Hac Vice|
|4||10/10/2003 Affidavit of Ronald G. Schmidt in Support of Rule 11.1 Motion|
|5||10/20/2003 AMENDED NOTICE OF APPEAL|
|6||10/30/2003 RECORD ON APPEAL (5 vols.), Exhibits, & Depositions (9) NOT REC'D:#122 (Exh. 1--large diagram),#124|
|7||10/30/2003 (Exh. 2--large diagram) & #159 (Exh. 42--x-ray)|
|8||10/31/2003 APPELLANT BRIEF|
|9||10/31/2003 APPELLANT APPENDIX|
|10||11/04/2003 Supplemental Clerk's Certificate dated 11-3-03 (Entry Nos. 227-229)|
|11||11/04/2003 SECOND AMENDED NOTICE OF APPEAL|
|12||11/10/2003 Corrected TOA & pages 3,7, & 19 for ATB & corrected TOC & new pages 72 & 73 for ATA|
|13||11/14/2003 DISK - atb (e-mailed)|
|14||11/20/2003 Partial Register of Actions for ATA|
|15||11/26/2003 APPELLEE BRIEF|
|16||11/28/2003 DISK - AEB|
|17||12/05/2003 REPLY BRIEF of Appellant|
|18||12/05/2003 Appellant's Appendix to Reply Brief|
|19||12/08/2003 DISK - RYB|
|20||01/05/2004 APPEARANCES: Ronald G. Schmidt, Jack McDonald; Randall S. Hanson, Patrick J. Maddock, Jodi Nelson|
|22||01/05/2004 ARGUED: Schmidt; Hanson (Vol Y; Page 190)|
|23||01/05/2004 ORAL ARGUMENT WEBCAST|
|24||05/05/2004 DISPOSITION: REVERSED AND REMANDED|
|25||05/05/2004 UNANIMOUS OPINION: Maring, Mary Muehlen|
|26||05/05/2004 Costs on appeal taxed in favor of appellant|
|27||05/07/2004 Judgment Mailed to Parties|
|29||06/02/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|30||12/08/2010 EXPUNGED - Nonpermanent record items destroyed|