Haley v. Dennis

20030284

Lisa Haley, Plaintiff and Appellant
v.
Martin Dennis, M.D.,
and Trinity Hospital, Defendants and Appellees

Appeal from:

District Court, Northwest Judicial District, Ward County
Judge Gerald H. Rustad

Nature of Action:

Counsel:

Appellant:		Ronald G. Schmidt
Appellant:		Wheeler Wolf
Appellee:		Camrud, Maddock, Olson & Larson, Ltd.

Term:

01/2004 Argument: 01/05/2004 10:45am

ND cite:

2004 ND 96

NW cite:

679 N.W.2d 263

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Issues:

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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Docket entries:

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
21	01/05/2004	Meyer
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
28	05/27/2004	MANDATE
29	06/02/2004	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
30	12/08/2010	EXPUNGED - Nonpermanent record items destroyed

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