Cartier v. Northwestern Electric, Inc.
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| 20090045 |
Donald Cartier and
Kimberly Cartier, Plaintiffs and Appellants
v.
Northwestern Electric, Inc., Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Richard L. Hagar |
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Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
09/2009 Argument: 09/03/2009 10:00am
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| ND cite: |
2010 ND 14
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| NW cite: |
777 N.W.2d 866
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 01/30/2009 | |
NOTICE OF APPEAL: 01/28/2009 |
| 2 | | 01/30/2009 | |
ORDER FOR TRANSCRIPT: 01/28/2009 |
| 3 | | 01/30/2009 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 4 | | 02/03/2009 | |
RETENTION OF RECORD ON APPEAL: 03/19/2009 |
| 5 | | 03/18/2009 | |
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) |
| 6 | | 03/18/2009 | |
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) |
| 7 | | 04/02/2009 | |
RECORD ON APPEAL (not rec'd 43, 84-86, 110-112, 114-116, 131, 133-134) |
| 8 | | 04/27/2009 | |
APPELLANT BRIEF (e-filed) |
| 9 | | 04/27/2009 | |
E-FILED BRIEF (ATB) |
| 10 | | 04/27/2009 | |
APPELLANT APPENDIX (e-filed) |
| 11 | | 04/27/2009 | |
E-FILED APPENDIX (ATA) |
| 12 | | 04/28/2009 | |
Received $25 surcharge for ATB (Receipt #18820) |
| 13 | | 05/01/2009 | |
Received copies of ATB from CDS |
| 14 | | 05/01/2009 | |
Received copies of ATA from CDS |
| 15 | | 05/21/2009 | |
APPELLEE BRIEF (E-FILED) (PDF) |
| 16 | | 05/21/2009 | |
E-FILED BRIEF (AEB) (PDF) |
| 17 | | 05/22/2009 | |
Received $25 surcharge for AEB (Receipt #18857) |
| 18 | | 05/29/2009 | |
Received 7 copies of AEB from Central Duplicating. |
| 19 | | 06/04/2009 | |
REPLY BRIEF of Appellant (e-filed) (PDF) |
| 20 | | 06/04/2009 | |
E-FILED BRIEF (RYB) (PDF) |
| 21 | | 06/10/2009 | |
Received 7 copies of RYB from Central Duplicating. |
| 22 | | 07/23/2009 | |
NOTICE OF ORAL ARGUMENT MAILED |
| 23 | | 08/03/2009 | |
SITTING WITH THE COURT: Narum, Daniel D. |
| 24 | | 09/01/2009 | |
ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W. |
| 25 | | 09/01/2009 | |
SITTING WITH THE COURT: Hodny, William F. |
| 26 | | 09/03/2009 | |
APPEARANCES: David S. Maring/Steven A. Storslee |
| 27 | | 09/03/2009 | |
ARGUED: Maring/Storslee |
| 28 | | 09/03/2009 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 01/25/2010 | |
DISPOSITION: AFFIRMED |
| 30 | | 01/25/2010 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 31 | | 01/25/2010 | |
Costs on appeal taxed in favor of Appellee |
| 32 | | 01/25/2010 | |
Judgment Sent to Parties |
| 33 | | 02/05/2010 | |
MOTION to supplement record (in PER) |
| 34 | | 02/05/2010 | |
PETITION FOR REHEARING (e-filed) |
| 35 | | 02/05/2010 | |
E-FILED BRIEF (PER) |
| 36 | | 02/10/2010 | |
Received 7 copies of PER from CSD |
| 37 | | 02/17/2010 | |
ACTION BY SUPREME COURT (supplement the record). Denied |
| 38 | | 02/17/2010 | |
Order regarding Motion to Supplement Sent to Parties |
| 39 | | 03/08/2010 | |
ACTION BY SUPREME COURT (PER). Denied |
| 40 | | 03/25/2010 | |
MANDATE |
| 41 | | 03/26/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |