Weigel v. Lee
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| 20070296 |
Darla Weigel, Melody
Frieson, Diana Seney
and Lorna Strand, Plaintiffs and Appellants
v.
Lane Lee, D.O. and
Trinity Health, Defendants and Appellees
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge William W. McLees |
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Nature of Action: |
Malpractice
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| Counsel: |
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| Term: |
01/2008 Argument: 01/18/2008 01:30pm
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| ND cite: |
2008 ND 147
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| NW cite: |
752 N.W.2d 618
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Did the trial court misinterpret and/or misapply Chapter 32-21 of the North Dakota Century Code, Death by Wrongful Act?
II. Did the trial court err in concluding that children in the State of North Dakota, as a matter of law, are not permitted to make a claim for non-economic damages, on behalf of themselves, for the death of a parent?
Appellee's Statement of the Issues:
I.Whether the Trial Court correctly held that North Dakota law does not recognize a child's claim for non-economic damages, including loss of parental consortium, in an action for the wrongful death of a parent
II.Whether the Trial Court correctly held that because Plaintiffs could not recover non-economic damages in their wrongful death claim and Plaintiffs were not seeking economic damages, the only damages available to them were non-economic damages in a
survival action
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| 1 | | 10/04/2007 | |
NOTICE OF APPEAL: 10/03/2007 |
| 2 | | 10/09/2007 | |
Received filing fee (receipt #17874) |
| 3 | | 10/29/2007 | |
APPELLANT BRIEF |
| 4 | | 10/29/2007 | |
APPELLANT APPENDIX |
| 5 | | 10/30/2007 | |
DISK |
| 6 | | 11/27/2007 | |
APPELLEE BRIEF (e-filed) |
| 7 | | 11/27/2007 | |
E-FILED BRIEF (AEB) |
| 8 | | 11/29/2007 | |
Received $25 surcharge for AEB (Receipt #17936) |
| 9 | | 11/29/2007 | |
RECORD ON APPEAL (2 vols), Transcripts (4 vols.), Depositions (13) & Exhibits. Not rec'd: |
| 10 | | 11/29/2007 | |
#60 -- Defd's Exh. D127 (Large Anatomy Picture) & 61--Defd's Exh. D128 (Anatomy Picture) |
| 11 | | 12/03/2007 | |
REPLY BRIEF |
| 12 | | 12/05/2007 | |
Received 7 copies of AEB from Central Duplicating. |
| 13 | | 12/10/2007 | |
Corrected Table of Contents and Table of Authorities for RYB |
| 14 | | 12/10/2007 | |
Certificate of Service of corrected RYB |
| 15 | | 12/10/2007 | |
DISK - ryb (e-mailed) |
| 16 | | 01/18/2008 | |
APPEARANCES: Richard H. McGee II; Randall S. Hanson, Donna M. Smith |
| 17 | | 01/18/2008 | |
ARGUED: McGee; Hanson |
| 18 | | 01/18/2008 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 07/21/2008 | |
DISPOSITION: REVERSED AND REMANDED |
| 20 | | 07/21/2008 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 21 | | 07/21/2008 | |
Costs on appeal taxed in favor of Appellants |
| 22 | | 07/21/2008 | |
Judgment E-Mailed to Parties |
| 23 | | 08/12/2008 | |
MANDATE |
| 24 | | 08/14/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |