Amrein v. Amrein , 1997 ND 42 - Civil No. 960341 Divorce judgment awarding spousal support, valuing farmland, and dividing marital property summarily affirmed under N.D.R.App.P. 35.1.
Ingalls v. Paul Revere Life Insurance Group , 1997 ND 43 - Civil No. 960145 There was evidence for the jury to reasonably find that the insured did not misrepresent his income and that the insurer's decision to rescind a disability income insurance policy for income misrepresentation was not reasonable. An insurer's presentation of an unreasonable defense may evidence bad faith. Whether an insurer has acted in bad faith in refusing to pay a claim is a question for the trier of fact. Absent an abuse of discretion, a trial court's determination on the relevance of evidence will not be reversed on appeal. There was substantial evidence for the jury's disability findings. There was evidence for the jury to find that unfair settlement practices, prohibited by NDCC 26.1-04-03(9) and used by the insurer, were performed with a frequency indicating a general business practice, and the trial court did not err in submitting the question to the jury. The amount of damages for mental anguish rests in the jury's sound discretion. The jury's exemplary damages award is not excessive.
Kluck v. Kluck , 1997 ND 41 - Civil No. 960100 The trial court's finding that one parent had committed significantly greater domestic violence, triggering the presumption against awarding custody to that parent, was not clearly erroneous. Section 14-05-22(3), N.D.C.C., creates a presumption that unsupervised visitation with a parent who has committed domestic violence would be harmful to the child. Rule 702, N.D.R.Evid., does not require licensure in a particular field or jurisdiction as a prerequisite to qualification as an expert witness. Suspension of one spouse's future workers compensation benefits created a purely speculative future liability and should not have been allocated as a present "debt." A lump-sum social security disability award received during the marriage may not be included in the marital estate under 42 U.S.C. 407(a). The trial court's finding that a spouse's interest in a professional corporation had no value was clearly erroneous.
Schmidt v. Schmidt , 1997 ND 44 - Civil No. 960197 The trial court did not err in issuing a writ of eviction against a devisee of farmland in an estate so the personal representative could take possession of the farmland for administration purposes.
Sickler v. Kirkwood , 1997 ND 40 - Civil No. 960226 The trial court abused its discretion in certifying the partial summary judgment as final under Rule 54(b), N.D.R.Civ.P.
Tabert v. North Dakota Dep't of Transp. , 1997 ND 39 - Civil No. 960310 Foundational evidence was sufficient to admit blood-test results at hearing on driver's license suspension.
March 5, 1997
Endresen v. Beretta USA Corp. , 1997 ND 38 - Civil No. 960159 The trial court did not abuse its discretion in admitting the gun design testimony of the plaintiff's expert witness. The trial court's findings the Beretta Model 92F pistol is unreasonably dangerous to users of defective, reloaded ammunition because of a design defect, and the design defect proximately caused the plaintiff's eye injury, were not clearly erroneous. The benefit of the design of the Model 92F to persons who purchase handguns for self-protection does not outweigh the risk of danger inherent in the design to persons who purchase and use the handgun with reloaded ammunition for recreational purposes. Because of an inconsistency between the trial court's findings and order for judgment about the total amount of the plaintiff's damages, the damages are reversed and remanded for clarification.