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 9:30am|
|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.
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|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)|
|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|
|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|
|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|