Gisvold v. Windbreak Inc.

20060209 Joelle Gisvold, Plaintiff and Appellant
v.
Windbreak, Inc., Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Personal Injury
Counsel:
Appellant: Hammarback & Scheving, P.L.C.
Appellee: Vogel Law Firm
Term: 02/2007   Argument: 02/20/2007  1:30pm
ND cite: 2007 ND 54
NW cite: 730 N.W.2d 597

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the district court abused its discretion when it denied Plaintiff's 59(b) motion for a new trial given that the jury verdict found, contrary to the great weight of the evidence, that the Defendant had zero negligence.
A. Whether the district court acted arbitrarily, unconscionably, and unreasonably by not granting the motion for a new trial in light of the fact that the court specifically found that it would have granted judgment in favor of the Plaintiff.
B. Whether the district court acted arbitrarily, unconscionably, and unreasonably by not granting the motion for a new trial in light of the fact that the court did not weigh the evidence and judge witness credibility as was required.
C. Whether the failure of the district court to exercise independent legal discretion constitutes an arbitrary, unconscionable, and unreasonable act.
D. Whether the evidence when viewed in the light most favorable to the verdict admits of only one result, a verdict for the Plaintiff.

Appellee's Statement of the Issues:
I. Whether the Trial Court Acted Reasonably and Properly Exercised Its Discretion When It Denied a Motion for a New Trial Based on Insufficiency of the Evidence.
II. Whether, When Viewing the Evidence in the Light Most Favorable to the Verdict, Substantial Evidence Exists to Sustain the Verdict.

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Docket entries:
107/28/2006 NOTICE OF APPEAL: 07/27/2006
207/28/2006 ORDER FOR TRANSCRIPT: 07/27/2006
307/28/2006 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
407/31/2006 RETENTION OF RECORD ON APPEAL: 09/15/2006
509/11/2006 MOT. EXT/TIME TRANSCRIPT (Steven W. Randall, Court Reporter)
609/11/2006 ACTION BY TRIAL COURT. Granted: 10/25/2006
710/13/2006 TRANSCRIPTS DATED March 14, 15 & 16, 2006 (3 Volumes)
810/16/2006 DISK - TRA March 14, 15 & 16, 2006 (3 disks)
910/23/2006 MOT. EXT/TIME APPELLANT BRIEF (faxed)
1010/23/2006 E-FILED MOTION (MAT) (faxed)
1110/24/2006 ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 12/22/2006
1211/02/2006 RECORD ON APPEAL & separates including depositions (3), and exhibits. Not sent with the record
1311/02/2006 were Nos. 7 & 14, (Service Documents), Nos. 12, 45, 92, 103 (Tapes and Steno Notes),
1411/02/2006 and No.81 (Pl. Ex. 24 not offered or received)
1511/30/2006 Clerk's Supplemental Certificate of Notice of Appeal dated November 29, 2006 (Entry Nos. 117 & 118)
1612/01/2006 TRANSCRIPT DATED MAY 1, 2006
1712/04/2006 DISK - TRA of 5-1-06 (e-mailed)
1812/21/2006 APPELLANT BRIEF
1912/21/2006 APPELLANT APPENDIX
2012/21/2006 DISK of atb (e-mailed)
2101/19/2007 APPELLEE BRIEF
2201/19/2007 DISK - aeb (E-mailed)
2301/23/2007 SITTING WITH THE COURT: Bohlman, Bruce E.
2402/05/2007 Supplemental Clerk's Certificate dated February 2, 2007 (Entry Nos. 120&121) (Not rec'd was #119
2502/05/2007 Receipt from Supreme Court re: Supplemental Certificate)
2602/05/2007 REPLY BRIEF
2702/05/2007 DISK - RYB (e-mailed)
2802/20/2007 APPEARANCES: Rex A. Hammarback; Robert J. Udland, Robin A. Schmidt
2902/20/2007 ARGUED: Hammarback; Udland
3002/20/2007 ORAL ARGUMENT WEBCAST
3104/19/2007 DISPOSITION: REVERSED AND REMANDED
3204/19/2007 SPLIT OPINION: Crothers, Daniel John
3304/19/2007 (CONCURRING AND DISSENTING): Sandstrom, Dale V.: CON/DIS
3404/19/2007 Costs on appeal taxed in favor of appellant
3507/19/2007 Judgment Mailed to Parties
3605/11/2007 MANDATE
3705/16/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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