Cartier, et al. v. Northwestern Electric, Inc.
Docket No. 20090045
Oral Argument:
Thursday, September 3, 2009 10:00am
Docket Info
- Title
- Donald Cartier and
Kimberly Cartier, Plaintiffs and Appellants
v.
Northwestern Electric, Inc., Defendant and Appellee - Case Type
- CIVIL APPEAL : PERSONAL INJURY
- Appeal From
-
Case No. 07-C-01506
North Central Judicial District, Ward County
Richard L. Hagar
2010 ND 14777 N.W.2d 866
Oral Argument
9/3/2009
Highlight
A denial of a motion for new trial is reviewed under the abuse-of-discretion standard.
When a district court has chosen a specific jury instruction, a reviewing court should not be quick to second-guess its choice if there is evidence or inferences from the evidence to support the instruction. Only scant evidence may be needed to support a jury instruction.
Under North Dakota law, counsel must object specifically to a contested jury instruction.
When a motion for a new trial is made, the party making the motion is limited on appeal to a review of the grounds presented to the lower court.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/30/2009 | NOTICE OF APPEAL : 01/28/2009 | |
| 2 | 01/30/2009 | ORDER FOR TRANSCRIPT : 01/28/2009 | |
| 3 | 01/30/2009 | ANNOUNCED DISQUALIFICATION : Maring, Mary Muehlen | |
| 4 | 02/03/2009 | RETENTION OF RECORD ON APPEAL : 03/19/2009 | |
| 5 | 03/18/2009 | TRANSCRIPTS DATED 9/15/08; 9/16/08; 9/16/08; 9/17/08; 9/17/08; 9/18/08; & 9/19/08 (7 volumes) | |
| 6 | 03/18/2009 | DISK (TRA) (9/15/08; 9/16/08; 9/16/08; 9/17/08;9/17/08; 9/18/08 & 9/19/08) (7 vols.)(e-mailed) | |
| 7 | 04/02/2009 | RECORD ON APPEAL (not rec'd 43, 84-86, 110-112, 114-116, 131, 133-134) | |
| 8 | 04/27/2009 | APPELLANT BRIEF (e-filed) | View |
| 9 | 04/27/2009 | E-FILED BRIEF (ATB) | |
| 10 | 04/27/2009 | APPELLANT APPENDIX (e-filed) | |
| 11 | 04/27/2009 | E-FILED APPENDIX (ATA) | |
| 12 | 04/28/2009 | Received $25 surcharge for ATB (Receipt #18820) | |
| 13 | 05/01/2009 | Received copies of ATB from CDS | |
| 14 | 05/01/2009 | Received copies of ATA from CDS | |
| 15 | 05/21/2009 | APPELLEE BRIEF (E-FILED) (PDF) | View |
| 16 | 05/21/2009 | E-FILED BRIEF (AEB) (PDF) | |
| 17 | 05/22/2009 | Received $25 surcharge for AEB (Receipt #18857) | |
| 18 | 05/29/2009 | Received 7 copies of AEB from Central Duplicating. | |
| 19 | 06/04/2009 | REPLY BRIEF of Appellant (e-filed) (PDF) | View |
| 20 | 06/04/2009 | E-FILED BRIEF (RYB) (PDF) | |
| 21 | 06/10/2009 | Received 7 copies of RYB from Central Duplicating. | |
| 22 | 07/23/2009 | NOTICE OF ORAL ARGUMENT MAILED | |
| 23 | 08/03/2009 | SITTING WITH THE COURT : Narum, Daniel D. | |
| 24 | 09/01/2009 | ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W. | |
| 25 | 09/01/2009 | SITTING WITH THE COURT : Hodny, William F. | |
| 26 | 09/03/2009 | APPEARANCES: David S. Maring/Steven A. Storslee | |
| 27 | 09/03/2009 | ARGUED: Maring/Storslee | |
| 28 | 09/03/2009 | ORAL ARGUMENT WEBCAST | |
| 29 | 01/25/2010 | DISPOSITION | |
| 30 | 01/25/2010 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 31 | 01/25/2010 | Costs on appeal taxed in favor of Appellee | |
| 32 | 01/25/2010 | Judgment Sent to Parties | |
| 33 | 02/05/2010 | MOTION to supplement record (in PER) | |
| 34 | 02/05/2010 | PETITION FOR REHEARING (e-filed) | View |
| 35 | 02/05/2010 | E-FILED BRIEF (PER) | |
| 36 | 02/10/2010 | Received 7 copies of PER from CSD | |
| 37 | 02/17/2010 | ACTION BY SUPREME COURT (supplement the record) - Denied | |
| 38 | 02/17/2010 | Order regarding Motion to Supplement Sent to Parties | |
| 39 | 03/08/2010 | ACTION BY SUPREME COURT (PER) - Denied | |
| 40 | 03/25/2010 | MANDATE | |
| 41 | 03/26/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 42 | 11/02/2020 | EXPUNGED - Nonpermanent record items destroyed |