Smith v. Kulig
Kelly Smith, by and through
the Special Administrator
Rhonda Smith, Plaintiff and Appellant
Tony Kulig, Defendant and Appellee
North Central Judicial District,
Judge Gary A. Holum
|Nature of Action:||Personal Injury|
|Term:||03/2005  Argument: 03/28/2005|
|ND cite:||2005 ND 93|
696 N.W.2d 521
Appellant's Statement of the Issues:|
Issue. I. Whether the District Court erred in holding that having been invited into the building Kelly Smith was a trespasser? Accordingly, was the District Court applying the wrong standard to the case by determining that he was a trespasser.
Issue. II. Whether if the District Court was correct in holding that the owner of the building has only a duty to avoid Willful and Wanton conduct that the facts in this case show Willful and Wanton behavior as to Kelly Smith by the owner's failure to inspect the fire escape at 119 South Main Street, Minot, ND, or keeping it in reasonably good shape for the ten (10) years he owned it such behavior that it is as a matter of law he did engage in Willful and Wanton behavior?
Issue. III. Is failing to inspect or care for a fire escape so that it falls from the wall such negligence acting in such a grossly negligent manner as to constitute willfulness or wantonness? It is contended that the facts are such in this case that it is unreasonable for the Court on the facts existing to support a verdict that there was not a decree of negligence to support the defendant even if the standard was willfulness or wantonness and certainly if he was an invitee so that there should be liability
Appellee's Statement of the Issues:
I. Smith was a trespasser.
II. Kulig violated no duty to Smith.
III. Previous trespasses by others did not increase Kulig's duty to Smith.
IV. The trespasser distinction should remain law - landowners are not insurers.
|Add Docket 20040237 RSS|
|1||08/23/2004 NOTICE OF APPEAL: 08/19/2004|
|2||08/23/2004 ORDER FOR TRANSCRIPT: 08/19/2004|
|3||08/23/2004 RETENTION OF RECORD ON APPEAL: 10/08/2004|
|4||10/07/2004 TRANSCRIPT DATED May 4-5, 2004|
|5||10/08/2004 RECORD ON APPEAL including separate exhibits and deposition (1)|
|6||10/11/2004 DISK - TRA of May 4-5, 2004|
|7||11/12/2004 MOT. EXT/TIME APPELLANT BRIEF (faxed)|
|8||11/12/2004 ACTION BY CHIEF DEPUTY CLERK. Granted: 12/07/2004|
|9||11/12/2004 E-FILED MOTION (faxed)|
|10||11/15/2004 Mot/Ext/ATB & Aff/Support (Same as faxed copy)|
|11||12/07/2004 APPELLANT BRIEF|
|12||12/07/2004 APPELLANT APPENDIX|
|13||12/08/2004 DISK - atb|
|14||12/16/2004 MOT. EXT/TIME APPELLEE BRIEF (letter dated 12-15-04 from Jim Nostdahl)|
|15||12/16/2004 ACTION BY CLERK (MAE). Granted: 02/07/2005|
|16||02/01/2005 APPELLEE BRIEF|
|17||02/02/2005 DISK - AEB|
|18||03/28/2005 APPEARANCES: Michael Ward; James E. Nostdahl|
|19||03/28/2005 ARGUED: Ward; Nostdahl (Vol. Z, Pg.96)|
|20||03/28/2005 ORAL ARGUMENT WEBCAST|
|21||05/17/2005 DISPOSITION: AFFIRMED|
|22||05/17/2005 UNANIMOUS OPINION: Maring, Mary Muehlen|
|23||05/17/2005 Costs on appeal taxed in favor of Appellee|
|24||05/19/2005 Judgment Mailed to Parties|
|26||06/14/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|27||10/28/2011 EXPUNGED - Nonpermanent record items destroyed|