Forster v. West Dakota Veterinary Clinic
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| 20040061 |
Alissa Forster, VMD, Plaintiff, Appellee
and Cross-Appellant
v.
West Dakota Veterinary Clinic,
Inc., and Kim Brummond, D.V.M., Defendants, Appellants
and Cross-Appellees
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Bruce A. Romanick |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
09/2004 Argument: 09/22/2004 09:30am
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| ND cite: |
2004 ND 207
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| NW cite: |
689 N.W.2d 366
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether Defendants West Dakota and Dr. Brummond are Entitled to Judgment as a Matter of Law because Plaintiff Offered No Evidence that Defendants "Published" any Defamatory Communications Concerning Plaintiff
II. Whether Defendants West Dakota and Dr. Brummond are Entitled to Judgment as a Matter of Law because Plaintiff Failed to Meet her Burden of Proving Damages
III. Whether Defendants West Dakota and Dr. Brummond are Entitled to a New Trial because the Jury's Verdict is not Supported by the Evidence
IV. Whether Defendants West Dakota and Dr. Brummond are Entitled to a New Trial because the Trial Court Erroneously Instructed the Jury on the Qualified Privilege Defense and Plaintiff's Duty to Mitigate Damages
V. Whether Defendants West Dakota and Dr. Brummond are Entitled to a New Trial due to the Trial Court's Erroneous and Prejudicial Evidentiary Rulings
A. The Trial Court Improperly Excluded Evidence of Plaintiff's Reputation and Character
B. The Trial Court Improperly Excluded a Toxicological Laboratory Report Proffered by Defendants West Dakota and Dr. Brummond
C. The Trial Court Erred by Admitting the "Expert" Testimony of Marvin Heinert including his Curriculum Vitae and Report
D. Whether Defendants West Dakota and Dr. Brummond are Entitled to a New Trial because the Jury's Award of Attorney Fees is Irreconcilably Inconsistent with its Finding of no Actual Malice
Reply Brief Issues:
I. Whether the Trial Court Correctly Determined that Defendant West Dakota Veterinary Clinic, Inc. Employed Plaintiff "at-will" after April 2000.
II. Whether Plaintiff's Contract Claim is Moot Because any Damages Awarded would Constitute an Impermissible "Double-Recovery" of Damages Previously Considered and Awarded by the Jury in Alissa Forster VMD v. West Dakota Veterinary Clinic, Inc. and
Kim Brummond, DVM.
Appellee's Statement of the Issues:
I. Did the Trial Court err as a matter of law in concluding Dr. Forster's employment was at-will?
II. Did the Trial Court err as a matter of law in determining the written contract was not extended for a year?
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| 1 | | 03/08/2004 | |
NOTICE OF APPEAL: 03/05/2004 |
| 2 | | 03/08/2004 | |
ORDER FOR TRANSCRIPT: 03/05/2004 |
| 3 | | 03/11/2004 | |
UPDATED AFFIDAVIT OF KATHERINE C. BLOOMQUIST IN SUPPORT OF CONTINUED PRO HAC VICE/APPEARANCE OF |
| 4 | | 03/11/2004 | |
NON-RESIDENT ATTORNEY (faxed) |
| 5 | | 03/11/2004 | |
E-FILED MOTION (Bloomquist) |
| 6 | | 03/11/2004 | |
ACTION BY CLERK (Ms. Bloomquist's appearance is authorized). Granted |
| 7 | | 03/11/2004 | |
UPDATED AFFIDAVIT OF J. MATTHEW BERNER IN SUPPORT OF CONTINUED PRO HAC VICE/APPEARANCE OF NON- |
| 8 | | 03/11/2004 | |
RESIDENT ATTORNEY (faxed) |
| 9 | | 03/11/2004 | |
E-FILED MOTION (Berner) |
| 10 | | 03/11/2004 | |
ACTION BY CLERK (Mr. Berner's appearance is authorized). Granted |
| 11 | | 03/11/2004 | |
NOTICE OF CROSS APPEAL (Alissa Forster) filed in trial court on March 9, 2004 |
| 12 | | 03/11/2004 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 13 | | 03/12/2004 | |
RETENTION OF RECORD ON APPEAL: 04/24/2004 |
| 14 | | 03/16/2004 | |
Hard copies of Updated Affidavits of J.Matthew Berner and Katherine C. Bloomquist |
| 15 | | 04/16/2004 | |
TRANSCRIPTS DATED October 21-23,2003 (3 vols. & Master index) & October 28, 2003 |
| 16 | | 04/16/2004 | |
DISKs of tras dated October 21-23, 2003, & October 28, 2004 |
| 17 | | 04/16/2004 | |
RECORD ON APPEAL (5 volumes, including transcript, partial transcripts, and exhibits) |
| 18 | | 05/26/2004 | |
APPELLANT BRIEF |
| 19 | | 05/26/2004 | |
APPELLANT APPENDIX |
| 20 | | 05/26/2004 | |
DISK of ATB |
| 21 | | 06/04/2004 | |
Letter from Katherine C. Bloomquist & J. Matthew Berner RE: new address |
| 22 | | 06/22/2004 | |
MOT. EXT/TIME APPELLEE BRIEF (letter dated 6-21-04 from Rebecca S. Thiem) |
| 23 | | 06/22/2004 | |
ACTION BY CLERK (MAE). Granted: 06/30/2004 |
| 24 | | 07/01/2004 | |
MOT. EXT/TIME APPELLEE BRIEF (letter dated 7-01-04 from Rebecca S. Thiem) |
| 25 | | 07/01/2004 | |
ACTION BY CLERK (MAE). Granted: 07/01/2004 |
| 26 | | 07/01/2004 | |
APPELLEE BRIEF |
| 27 | | 07/01/2004 | |
APPELLEE APPENDIX |
| 28 | | 07/02/2004 | |
DISK - AEB |
| 29 | | 07/28/2004 | |
REPLY BRIEF of Appellants |
| 30 | | 07/28/2004 | |
DISK - ryb |
| 31 | | 08/05/2004 | |
REPLY BRIEF of Cross-Appellant |
| 32 | | 08/06/2004 | |
DISK - RYB of cross-appellant (e-mailed) |
| 33 | | 08/19/2004 | |
SITTING WITH THE COURT: Nelson, David W. |
| 34 | | 09/22/2004 | |
APPEARANCES: J, Matthew Berner, Katherine C. Bloomquist, & Todd D. Kranda; Rebecca S. Thiem and |
| 35 | | 09/22/2004 | |
Tracy Vigness Kolb |
| 36 | | 09/22/2004 | |
ARGUED: Berner; Thiem (Vol. Z, p. 26) |
| 37 | | 09/22/2004 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 11/04/2004 | |
DISPOSITION: AFFIRMED |
| 39 | | 11/04/2004 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 40 | | 11/04/2004 | |
Costs on appeal are taxed in favor of Appellee |
| 41 | | 11/05/2004 | |
Corrected Opinion Page 8 |
| 42 | | 11/08/2004 | |
Judgment Mailed to Parties |
| 43 | | 12/06/2004 | |
MANDATE |
| 44 | | 12/08/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 45 | | 05/31/2011 | |
EXPUNGED - Nonpermanent record items destroyed |