Kreidt v. Burlington Northern Railroad

990381 Timothy Kreidt, Plaintiff and Appellee
v.
Burlington Northern
Railroad, n/k/a
Burlington Northern
Santa Fe, Defendant and Appellant
and
Christine Koltes, Defendant

Appeal from: District Court, South Central Judicial District, Morton County
Judge James M. Vukelic
Nature of Action: Personal Injury
Counsel:
Appellee: Dickson Law Office
Appellant: Zuger Kirmis & Smith
Term: 05/2000   Argument: 05/23/2000  9:30am
ND cite: 2000 ND 150
NW cite: 615 N.W.2d 153


Issues: Appellant's Statement of the Issues:
I. Did the District Court Err in Not Granting a New Trial under N.D.R.Civ.P. 59(b)(7) Based on Erroneous Jury Instructions?
II. Did the District Court Err in Not Granting a New Trial under N.D.R.Civ.P. 59(b)(6) Based on Insufficiency of the Evidence to Support the Jury Verdict?
III. Did the District Court Err in Denying Defendant's Post-trial Motion under N.D.R.Civ.P. 59(j) and 60(b)(vi) to Reduce the Judgment to Only Allow Prejudgment Interest on past Economic Damages?

Appellee's Statement of the Issues:
I. The District Court's decision to decline to give certain jury instructions requested by BNSF was not an abuse of discretion as the jury instructions in this case, when read as a whole, accurately and fairly apprised the Jury of the governing law. III. Prejudgment interest was properly awarded for non-economic damages.

Add Docket 990381 RSS Add Docket 990381 RSS

Docket entries:
112/15/1999 NOTICE OF APPEAL: 12/10/1999
212/15/1999 ORDER FOR TRANSCRIPT: 12/10/1999
301/12/2000 RECORD ON APPEAL (3 vols. & separates)(not rec'd - exhibits 15, 19, 28 & 29 & entry 103)
401/19/2000 TRANSCRIPT DATED November 15, 1999 & 2 copies of transcripts dated June 29 - July 1, 1999 (original
501/19/2000 filed in the record on appeal)
601/19/2000 DISK - Transcripts
701/26/2000 Letter from Curtis Wike; his client (Christine Koltes) will not be participating in the appeal
802/28/2000 APPELLANT BRIEF
902/28/2000 APPELLANT APPENDIX
1002/28/2000 DISK - ATB
1102/28/2000 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
1203/27/2000 APPELLEE BRIEF
1303/27/2000 APPELLEE APPENDIX
1403/27/2000 DISK - AEB
1504/14/2000 Per GWV: do not file RYB which is over the word limits (rec'd 4/13/2000)
1604/17/2000 MOT. EXT/TIME REPLY BRIEF (sua sponte/first RYB did not comply with rules)
1704/17/2000 ACTION BY CLERK. Granted: 04/17/2000
1804/17/2000 REPLY BRIEF
1904/17/2000 DISK - RYB
2004/20/2000 SITTING WITH THE COURT: Fontaine, Laurie A.
2104/26/2000 Request for Radio/TV Coverage (Ltr of 4-25-00 fm Jack McDonald requesting permission for AP to
2204/26/2000 cover the hearing in ths case) (approved)
2305/23/2000 APPEARANCES: James S. Hill, Rebecca S. Thiem; Timothy Q. Purdon, Timothy Kreidt
2405/23/2000 ARGUED: Hill; Purdon (Vol. X; page 33)
2505/23/2000 Large poster board with seven photographs of accident scene-Exh.28 (along the north wall of Exh.
2605/23/2000 Room)
2707/26/2000 DISPOSITION: AFFIRMED
2807/26/2000 SPLIT OPINION: VandeWalle, Gerald W.
2907/26/2000 (CONCUR and DISSENT): Sandstrom, Dale V.: CON/DIS
3007/26/2000 Costs on appeal taxed in favor of appellee
3107/27/2000 Order/Judgment Mailed to Parties
3208/17/2000 MANDATE
3308/21/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3403/19/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/21/2014