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Haugen v. BioLife Plasma Services, et al.

Docket No. 20050310
Oral Argument: Thursday, May 4, 2006 1:30pm

Docket Info

Title
Rhonda Haugen, Plaintiff and Appellant
v.
BioLife Plasma Services,
f/d/b/a Community
Bio-Resources, Defendant and Appellee
and
Baxter Healthcare Corp., Defendant
Case Type
CIVIL APPEAL : PERSONAL INJURY
Appeal From
Case No. 04-C-00558
South Central Judicial District, Burleigh County
Bruce B. Haskell
2006 ND 117714 N.W.2d 841
Oral Argument 5/4/2006

Highlight

The doctrine of res ipsa loquitur allows a fact finder to infer negligence if the plaintiff can establish three foundational elements: (1) the accident was one that does not ordinarily occur in the absence of negligence; (2) the instrumentality or agent that caused the plaintiff's injury was in the exclusive control of the defendant; and (3) there was no voluntary action or contribution on the part of the plaintiff.
When a plaintiff can present specific evidence of negligence and the cause of an accident, the plaintiff has no need to rely on a res ipsa loquitur inference.

Briefs

Filing Date Description
01/20/2006 APPELLANT BRIEF View
02/21/2006 APPELLEE BRIEF View
03/20/2006 REPLY BRIEF of Appellant View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Robert V Bolinske - 03266

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

Seq. # Filing Date Description Attachment
1 09/08/2005 NOTICE OF APPEAL : 09/07/2005
2 09/08/2005 ORDER FOR TRANSCRIPT : 09/07/2005
3 10/11/2005 RECORD ON APPEAL including separates 57 (jury instructions) & 59 (exhibits);
4 10/11/2005 Exhibits 14, 16, 17, 130 not received. Entry nos. 17, 32, 49, 52, 60, 75 (court reporter notes &
5 10/11/2005 tapes) were not received
6 10/27/2005 TRANSCRIPTS DATED 6/21/05, 6/22/05 & 6/23/05 (Vols. I-III)
7 10/27/2005 DISK - tra (6/21/05, 6/22/05, & 6/23/05)(e-mailed)
8 12/06/2005 MOT. EXT/TIME APPELLANT BRIEF
9 12/06/2005 MOTION FOR LIMITED REMAND
10 12/08/2005 ACTION BY CLERK (MAT) - Granted : 01/05/2006
11 12/08/2005 ACTION BY CHIEF JUSTICE (remand) - Granted
12 12/08/2005 ORDER OF LIMITED REMAND FOR THE TRIAL JUDGE TO ENTER A JUDGEMENT RELATING TO BAXTER HEALTHCARE CORP
13 12/13/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
14 01/03/2006 Combined (1) Notice of Mot. (2) Mot. and (3) Brief in Support of Mot. for Ext. of Time to File ATB
15 01/03/2006 ACTION BY CHIEF JUSTICE (MAT) - Granted : 01/20/2006
16 01/19/2006 RECORD ON APPEAL refiled after remand, including separates 57 (jury instructions) & 59 (exhibits)
17 01/19/2006 Exhibits 14, 16, 17, 130 not received. Entry nos. 17, 32, 49, 52, 60, 75 (court reporter notes &
18 01/19/2006 tapes) were not received
19 01/19/2006 Clerk's Supp. Cert. of Record on Appeal dated January 19, 2006, with entries 80-90 attached
20 01/20/2006 APPELLANT BRIEF View
21 01/20/2006 APPELLANT APPENDIX
22 01/20/2006 Certificate of Service of ATB by hand delivery
23 01/23/2006 DISK - ATB (e-mailed)
24 02/21/2006 APPELLEE BRIEF View
25 02/21/2006 APPELLEE APPENDIX
26 02/21/2006 DISK - AEB
27 03/07/2006 MOT. EXT/TIME REPLY BRIEF
28 03/07/2006 ACTION BY CLERK (MRY) - Granted : 03/20/2006
29 03/20/2006 Appellant's Motion to Exceed Word Limitation in Reply Brief & Brief/Support
30 03/21/2006 ACTION BY CHIEF JUSTICE (Mot/Word Limitation) - Granted
31 03/20/2006 REPLY BRIEF of Appellant View
32 03/20/2006 DISK - ryb
33 04/24/2006 MOTION FOR CONTINUATION OF ORAL ARGUMENT (faxed letter dated 4-24-06 from Mr. Bolinske)
34 04/24/2006 ACTION BY SUPREME COURT (OA continued to May 2006 Term) - Granted
35 05/04/2006 APPEARANCES: Robert V. Bolinske; Jerome C. Kettleson
36 05/04/2006 ARGUED: Bolinske; Kettleson
37 05/04/2006 ORAL ARGUMENT WEBCAST
38 06/01/2006 DISPOSITION
39 06/01/2006 UNANIMOUS OPINION : Sandstrom, Dale V. View
40 06/01/2006 Costs on appeal taxed in favor of Appellee
41 06/02/2006 Judgment Mailed to Parties
42 06/23/2006 MANDATE
43 06/28/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
44 01/11/2016 EXPUNGED - Nonpermanent record items destroyed