Perius v. Nodak Mutual Ins. Co.
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| 20090239 |
Allen Perius, Plaintiff and Appellant
v.
Nodak Mutual Insurance
Company, Defendant and Appellee
and
Jacob Kessler, Defendant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Bruce B. Haskell |
|
Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
01/2010 Argument: 01/06/2010 02:45pm
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| ND cite: |
2010 ND 80
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| NW cite: |
782 N.W.2d 355
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 Trial Court err by granting Defendant's motion for summary judgment based on the failure of Plaintiff to comply with expert disclosures and produce competent, admissible evidence a causal connection of Plaintiff's injuries to the motor
vehicle accident?
Appellee's Statement of the Issues:
I. Whether any competent, admissible evidence was presented by plaintiff, creating an issue of fact with respect to his claimed damages.
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| 1 | | 08/20/2009 | |
NOTICE OF APPEAL: 08/18/2009 |
| 2 | | 08/20/2009 | |
ORDER FOR TRANSCRIPT: 08/18/2009 |
| 3 | | 09/17/2009 | |
RECORD ON APPEAL (1 volume and 3 separates) |
| 4 | | 09/18/2009 | |
TRANSCRIPT DATED July 20, 2009 & C.O.S. |
| 5 | | 09/18/2009 | |
DISK - tra (7-20-09) (e-mailed) |
| 6 | | 10/28/2009 | |
APPELLANT BRIEF |
| 7 | | 10/28/2009 | |
APPELLANT APPENDIX |
| 8 | | 11/05/2009 | |
Corrected cover pages for ATB & ATA |
| 9 | | 11/06/2009 | |
DISK - atb (e-mailed) |
| 10 | | 11/25/2009 | |
APPELLEE BRIEF (e-filed) |
| 11 | | 11/25/2009 | |
E-FILED BRIEF (AEB) |
| 12 | | 11/25/2009 | |
APPELLEE APPENDIX (e-filed) |
| 13 | | 11/25/2009 | |
E-FILED APPENDIX (AEA) |
| 14 | | 11/27/2009 | |
Received $25.00 surcharge for AEB (Receipt #19244) |
| 15 | | 12/01/2009 | |
Received 7 copies of AEB from CSD |
| 16 | | 12/01/2009 | |
Received 6 copies of AEA from CSD |
| 17 | | 12/21/2009 | |
NOTICE OF ORAL ARGUMENT SENT |
| 18 | | 01/06/2010 | |
APPEARANCES: Scott A. Hager/Mitchell D. Armstrong |
| 19 | | 01/06/2010 | |
ARGUED: Hager/Armstrong |
| 20 | | 01/06/2010 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 05/11/2010 | |
DISPOSITION: REVERSED AND REMANDED |
| 22 | | 05/11/2010 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 23 | | 05/11/2010 | |
concur in the result: Maring, Mary Muehlen: CON/RES |
| 24 | | 05/11/2010 | |
Specially concurring: VandeWalle, Gerald W.: CONCUR |
| 25 | | 05/11/2010 | |
Costs on appeal taxed in favor of Appellant. |
| 26 | | 05/11/2010 | |
Judgment Sent to Parties |
| 27 | | 06/03/2010 | |
MANDATE |
| 28 | | 06/07/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |