Plains Trucking, LLC v. Cresap, et al.

Docket No. 20190014
Oral Argument: Thursday, March 28, 2019 1:30 PM

Docket Info

Title
Plains Trucking, LLC, Petitioner
v.
Honorable Todd Cresap, Judge of the District
Court, North Central Judicial District, Lyle
and Laurie Davis, individually and as Personal
Representatives of the Estate of Trevor Davis,
and on behalf of the heirs-at-law and wrongful
death beneficiaries of Trevor Davis, Deceased;
Missouri Basin Well Service, Inc. d/b/a MBI
Energy Services, Respondents
Case Type
CIVIL ORIG. PROCEEDING : WRIT OF SUPERVISION (Civil)
Appeal From
Case No. 2015-CV-01030
North Central Judicial District, Ward County
Todd L. Cresap
2019 ND 226

Highlight

The supreme court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.

When a worker is an employee, the Workforce Safety and Insurance Act generally provides the exclusive remedy for the employee who suffers a compensable injury.

Workforce Safety and Insurance must make the initial determination that an employer has misrepresented the amount of payroll upon which its premium is based before an employee may pursue the dual remedy of a civil action.


Briefs

Filing Date Description
01/15/2019 PETITIONER BRIEF View
02/05/2019 RESPONDENT BRIEF View

Counsel

Party Type Name
RESPONDENT PRIVATE PRACTICE Joel A Flom - 04469
PETITIONER PRIVATE PRACTICE John E. Ward - 07495
RESPONDENT PRIVATE PRACTICE Ian McLean - 07320
PETITIONER PRIVATE PRACTICE Lawrence E King - 04997
RESPONDENT PRIVATE PRACTICE Ronald H McLean - 03260
RESPONDENT DISTRICT JUDGE Todd L Cresap - 04414
RESPONDENT PRIVATE PRACTICE Peter William Zuger - 06282
RESPONDENT STATE AGENCY Shawnda R Ereth - 05701

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/15/2019 PETITION FILED for Supervisory Writ View
2 01/15/2019 PETITIONER BRIEF View
3 01/15/2019 E-FILED BRIEF
4 01/15/2019 PETITIONER'S APPENDIX
5 01/15/2019 E-FILED APPENDIX
6 01/16/2019 ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair
7 01/17/2019 Filing fee and PTB e-filing surcharge (rec # 26846) received
8 02/05/2019 RESPONDENT BRIEF View
9 02/05/2019 E-FILED BRIEF
10 02/05/2019 RESPONDENTS APPENDIX
11 02/05/2019 E-FILED APPENDIX
12 02/07/2019 Received e-filing surcharge for RPB (rct. # 26886)
13 02/07/2019 Notice of no position on petition by Missouri Well Service View
14 02/21/2019 Order Staying Trial and consolidating with 20190022 for oral argument
15 02/21/2019 NOTICE OF ORAL ARGUMENT SENT
16 02/27/2019 SITTING WITH THE COURT : Schmalenberger, Allan L.
17 03/28/2019 APPEARANCES: Lawrence King & John Ward/Peter Zuger
18 03/28/2019 ARGUED: King/P. Zuger
19 03/28/2019 ORAL ARGUMENT WEBCAST
20 08/22/2019 ACTION BY SUPREME COURT - Granted
21 08/22/2019 DISPOSITION (Petition for Supervisory Writ Granted, Cross-Petition Denied)
22 08/22/2019 UNANIMOUS OPINION : Tufte, Jerod E. View
23 08/26/2019 Judgment Sent to Parties
24 09/13/2019 MANDATE