Azure v. Belcourt Public School Dist.
|
| 20030338 |
Agnes Azure and
Pete Azure, Plaintiffs and Appellants
v.
Belcourt Public
School District, Defendant and Appellee
|
| Appeal from: |
District Court,
Northeast Judicial District,
Rolette County
Judge Lester Ketterling |
|
Nature of Action: |
Other (Civil)
|
| Counsel: |
|
| Term: |
04/2004 Argument: 04/14/2004 10:45am
|
| ND cite: |
2004 ND 128
|
| NW cite: |
681 N.W.2d 816
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
I. The District Court erred when it held that the BPSD did not exercise control over the Turtle Mountain Community Middle School because the issue of control is a question of fact for the jury to decide.
II. There exists a question of fact as to whether the BPSD breached its duty of care on the March 29, 2000, incident.
Appellee's Statement of the Issues:
I. Did the trial court correctly conclude that the Belcourt Public School District owed no duty to the Plaintiffs?
II. No reasonable jury could conclude that the Belcourt Public School District violated any duty.
|
|
 Add Docket 20030338 RSS
|
| 1 | | 11/17/2003 | |
NOTICE OF APPEAL: 11/13/2003 |
| 2 | | 11/17/2003 | |
ORDER FOR TRANSCRIPT: 11/13/2003 |
| 3 | | 12/10/2003 | |
TRANSCRIPT DATED MARCH 27, 2003 |
| 4 | | 12/11/2003 | |
DISK - TRA of Mar. 27, 2003 |
| 5 | | 12/15/2003 | |
RECORD ON APPEAL (2 Vols.) & Depositions (5) |
| 6 | | 01/20/2004 | |
APPELLANT BRIEF |
| 7 | | 01/20/2004 | |
APPELLANT APPENDIX |
| 8 | | 01/20/2004 | |
DISK - atb |
| 9 | | 02/19/2004 | |
MOT. EXT/TIME APPELLEE BRIEF; BRIEF IN SUPPORT (faxed) |
| 10 | | 02/19/2004 | |
E-FILED MOTION (MAE) |
| 11 | | 02/19/2004 | |
ACTION BY CLERK (MAE, w/understanding OA will be heard in April). Granted: 03/01/2004 |
| 12 | | 03/01/2004 | |
APPELLEE BRIEF |
| 13 | | 03/02/2004 | |
DISK - AEB |
| 14 | | 03/12/2004 | |
REPLY BRIEF |
| 15 | | 03/16/2004 | |
DISK - e-mailed (RYB) |
| 16 | | 04/14/2004 | |
APPEARANCES: Timothy Q. Purdon, Agnes Azure, Pete Azure; Jason R. Vendsel |
| 17 | | 04/14/2004 | |
ARGUED: Purdon; Vendsel (Vol. Y; Page 230) |
| 18 | | 04/14/2004 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 06/30/2004 | |
DISPOSITION: AFFIRMED |
| 20 | | 06/30/2004 | |
UNANIMOUS OPINION: Neumann, William A. |
| 21 | | 06/30/2004 | |
Costs on appeal taxed in favor of appellee |
| 22 | | 07/01/2004 | |
Judgment Mailed to Parties |
| 23 | | 07/23/2004 | |
MANDATE |
| 24 | | 08/03/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 25 | | 05/18/2011 | |
EXPUNGED - Nonpermanent record items destroyed |