Cartier v. Northwestern Electric, Inc.

20090045 Donald Cartier and
Kimberly Cartier, Plaintiffs and Appellants
v.
Northwestern Electric, Inc., Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Richard L. Hagar
Nature of Action: Personal Injury
Counsel:
Appellant: David S. Maring
Appellee: Steven A. Storslee
Term: 09/2009   Argument: 09/03/2009  10:00am
ND cite: 2010 ND 14
NW cite: 777 N.W.2d 866

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Did the district court err by instructing the jury that the term "fault" should include "failure to exercise reasonable care...to mitigate damages" and instructing the jury on "duty to avoid or minimize damages?"

Appellee's Statement of the Issues:
Did the trial court manifestly abuse its discretion in denying the plaintiffs' motion for new trial?

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Docket entries:
101/30/2009 NOTICE OF APPEAL: 01/28/2009
201/30/2009 ORDER FOR TRANSCRIPT: 01/28/2009
301/30/2009 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
402/03/2009 RETENTION OF RECORD ON APPEAL: 03/19/2009
503/18/2009 TRANSCRIPTS DATED 9/15/08; 9/16/08; 9/16/08; 9/17/08; 9/17/08; 9/18/08; & 9/19/08 (7 volumes)
603/18/2009 DISK (TRA) (9/15/08; 9/16/08; 9/16/08; 9/17/08;9/17/08; 9/18/08 & 9/19/08) (7 vols.)(e-mailed)
704/02/2009 RECORD ON APPEAL (not rec'd 43, 84-86, 110-112, 114-116, 131, 133-134)
804/27/2009 APPELLANT BRIEF (e-filed)
904/27/2009 E-FILED BRIEF (ATB)
1004/27/2009 APPELLANT APPENDIX (e-filed)
1104/27/2009 E-FILED APPENDIX (ATA)
1204/28/2009 Received $25 surcharge for ATB (Receipt #18820)
1305/01/2009 Received copies of ATB from CDS
1405/01/2009 Received copies of ATA from CDS
1505/21/2009 APPELLEE BRIEF (E-FILED) (PDF)
1605/21/2009 E-FILED BRIEF (AEB) (PDF)
1705/22/2009 Received $25 surcharge for AEB (Receipt #18857)
1805/29/2009 Received 7 copies of AEB from Central Duplicating.
1906/04/2009 REPLY BRIEF of Appellant (e-filed) (PDF)
2006/04/2009 E-FILED BRIEF (RYB) (PDF)
2106/10/2009 Received 7 copies of RYB from Central Duplicating.
2207/23/2009 NOTICE OF ORAL ARGUMENT MAILED
2308/03/2009 SITTING WITH THE COURT: Narum, Daniel D.
2409/01/2009 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.
2509/01/2009 SITTING WITH THE COURT: Hodny, William F.
2609/03/2009 APPEARANCES: David S. Maring/Steven A. Storslee
2709/03/2009 ARGUED: Maring/Storslee
2809/03/2009 ORAL ARGUMENT WEBCAST
2901/25/2010 DISPOSITION: AFFIRMED
3001/25/2010 UNANIMOUS OPINION: Sandstrom, Dale V.
3101/25/2010 Costs on appeal taxed in favor of Appellee
3201/25/2010 Judgment Sent to Parties
3302/05/2010 MOTION to supplement record (in PER)
3402/05/2010 PETITION FOR REHEARING (e-filed)
3502/05/2010 E-FILED BRIEF (PER)
3602/10/2010 Received 7 copies of PER from CSD
3702/17/2010 ACTION BY SUPREME COURT (supplement the record). Denied
3802/17/2010 Order regarding Motion to Supplement Sent to Parties
3903/08/2010 ACTION BY SUPREME COURT (PER). Denied
4003/25/2010 MANDATE
4103/26/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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