Search Tips

Saltsman v. Sharp, et al.

Docket No. 20100404
Oral Argument: Tuesday, July 12, 2011 10:45AM

Docket Info

Title
Patricia Saltsman, Plaintiff and Appellant
v.
Lisa Sharp, Defendant
and
Ed Hasche, Defendant and Appellee
Case Type
CIVIL APPEAL : PERSONAL INJURY
Appeal From
Case No. 09-C-1674
South Central Judicial District, Burleigh County
Bruce A. Romanick
2011 ND 172803 N.W.2d 553
Oral Argument 7/12/2011

Highlight

A person is responsible for an injury occasioned to another by the person's want of ordinary care or skill in the management of the person's property or self.
Under premises liability law, landowners owe a duty to lawful entrants upon their land to maintain their property in a reasonably safe condition, so as not to damage others, and exercising caution and reasonable care under the circumstances.
It must be clear the defendant had control of the premises and an opportunity to observe any duty before the defendant owes a duty of care.
Separate duties to lawful entrants are no longer recognized, and separate duties of care owed to invitees or licensees are not considered.
Summary judgment is inappropriate if the district court must draw inferences and make findings on disputed facts to support summary judgment.

Briefs

Filing Date Description
03/21/2011 APPELLANT BRIEF (e-filed) View
04/19/2011 APPELLEE BRIEF (e-filed) View
05/03/2011 REPLY BRIEF (e-filed) PDF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE David S Maring - 03175
APPELLEE PRIVATE PRACTICE James S. Hill - 03158
APPELLEE PRIVATE PRACTICE Paul Reginald Sanderson - 05830

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

Seq. # Filing Date Description Attachment
1 12/27/2010 NOTICE OF APPEAL : 12/23/2010
2 12/27/2010 ORDER FOR TRANSCRIPT : 12/23/2010
3 12/28/2010 ANNOUNCED DISQUALIFICATION : Maring, Mary Muehlen
4 12/28/2010 ANNOUNCED DISQUALIFICATION : Crothers, Daniel John
5 02/02/2011 RETENTION OF RECORD ON APPEAL
6 02/11/2011 RECORD ON APPEAL (2 volumes)
7 02/10/2011 TRANSCRIPT DATED October 6, 2010 & C.O.S.
8 02/10/2011 DISK of tra (e-mailed)
9 03/21/2011 APPELLANT BRIEF (e-filed) View
10 03/21/2011 E-FILED BRIEF (ATB)
11 03/21/2011 APPELLANT APPENDIX (e-filed)
12 03/21/2011 E-FILED APPENDIX (ATA)
13 03/22/2011 Received $42 surcharge for ATB & ATA (Receipt #20230)
14 03/24/2011 Received 7 copies of ATB from CSD
15 03/28/2011 Received 6 copies of ATA from CSD
16 04/18/2011 NOTICE OF ORAL ARGUMENT SENT (see folder)
17 04/19/2011 APPELLEE BRIEF (e-filed) View
18 04/19/2011 E-FILED BRIEF (AEB)
19 04/20/2011 Received $25 surcharge for AEB (Receipt #20269)
20 04/21/2011 Received 7 copies of AEB from CSD
21 04/26/2011 SITTING WITH THE COURT : Goodman, Ronald E.
22 04/26/2011 SITTING WITH THE COURT : Olson, Everett Nels
23 05/03/2011 REPLY BRIEF (e-filed) PDF View
24 05/03/2011 E-FILED BRIEF (RYB) PDF
25 05/04/2011 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
26 05/05/2011 Received 7 copies of RYB from Central Duplicating.
27 05/05/2011 SITTING WITH THE COURT : Irby, John Charles
28 05/16/2011 ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.
29 05/17/2011 SITTING WITH THE COURT : Hodny, William F.
30 05/29/2011 May 31 argument postponed to a date in June.
31 06/08/2011 Oral argument rescheduled to July 12, 2011
32 07/12/2011 APPEARANCES: David S. Maring; James S. Hill; Paul R. Sanderson
33 07/12/2011 ARGUED: David S. Maring; James S. Hill
34 07/12/2011 ORAL ARGUMENT WEBCAST
35 09/07/2011 DISPOSITION
36 09/07/2011 UNANIMOUS OPINION : Kapsner, Carol Ronning View
37 09/07/2011 Costs on appeal taxed in favor of appellant.
38 09/07/2011 Judgment Sent to Parties
39 09/29/2011 MANDATE
40 10/07/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
41 05/13/2021 EXPUNGED - Nonpermanent record items destroyed