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: |
|
| Term: |
05/2000 Argument: 05/23/2000 09:30am
|
| 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.
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 Add Docket 990381 RSS
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| 1 | | 12/15/1999 | |
NOTICE OF APPEAL: 12/10/1999 |
| 2 | | 12/15/1999 | |
ORDER FOR TRANSCRIPT: 12/10/1999 |
| 3 | | 01/12/2000 | |
RECORD ON APPEAL (3 vols. & separates)(not rec'd - exhibits 15, 19, 28 & 29 & entry 103) |
| 4 | | 01/19/2000 | |
TRANSCRIPT DATED November 15, 1999 & 2 copies of transcripts dated June 29 - July 1, 1999 (original |
| 5 | | 01/19/2000 | |
filed in the record on appeal) |
| 6 | | 01/19/2000 | |
DISK - Transcripts |
| 7 | | 01/26/2000 | |
Letter from Curtis Wike; his client (Christine Koltes) will not be participating in the appeal |
| 8 | | 02/28/2000 | |
APPELLANT BRIEF |
| 9 | | 02/28/2000 | |
APPELLANT APPENDIX |
| 10 | | 02/28/2000 | |
DISK - ATB |
| 11 | | 02/28/2000 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 12 | | 03/27/2000 | |
APPELLEE BRIEF |
| 13 | | 03/27/2000 | |
APPELLEE APPENDIX |
| 14 | | 03/27/2000 | |
DISK - AEB |
| 15 | | 04/14/2000 | |
Per GWV: do not file RYB which is over the word limits (rec'd 4/13/2000) |
| 16 | | 04/17/2000 | |
MOT. EXT/TIME REPLY BRIEF (sua sponte/first RYB did not comply with rules) |
| 17 | | 04/17/2000 | |
ACTION BY CLERK. Granted: 04/17/2000 |
| 18 | | 04/17/2000 | |
REPLY BRIEF |
| 19 | | 04/17/2000 | |
DISK - RYB |
| 20 | | 04/20/2000 | |
SITTING WITH THE COURT: Fontaine, Laurie A. |
| 21 | | 04/26/2000 | |
Request for Radio/TV Coverage (Ltr of 4-25-00 fm Jack McDonald requesting permission for AP to |
| 22 | | 04/26/2000 | |
cover the hearing in ths case) (approved) |
| 23 | | 05/23/2000 | |
APPEARANCES: James S. Hill, Rebecca S. Thiem; Timothy Q. Purdon, Timothy Kreidt |
| 24 | | 05/23/2000 | |
ARGUED: Hill; Purdon (Vol. X; page 33) |
| 25 | | 05/23/2000 | |
Large poster board with seven photographs of accident scene-Exh.28 (along the north wall of Exh. |
| 26 | | 05/23/2000 | |
Room) |
| 27 | | 07/26/2000 | |
DISPOSITION: AFFIRMED |
| 28 | | 07/26/2000 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 29 | | 07/26/2000 | |
(CONCUR and DISSENT): Sandstrom, Dale V.: CON/DIS |
| 30 | | 07/26/2000 | |
Costs on appeal taxed in favor of appellee |
| 31 | | 07/27/2000 | |
Order/Judgment Mailed to Parties |
| 32 | | 08/17/2000 | |
MANDATE |
| 33 | | 08/21/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 34 | | 03/19/2007 | |
EXPUNGED - Nonpermanent record items destroyed |