Richard v. Washburn Public Schools
Docket No. 20110045
Oral Argument:
Tuesday, September 13, 2011 1:30pm
Docket Info
- Title
- Leah Richard, Plaintiff and Appellant
v.
Washburn Public Schools, Defendant and Appellee - Case Type
- CIVIL APPEAL : PERSONAL INJURY
- Appeal From
-
Case No. 09-C-0123
South Central Judicial District, McLean County
Gail Hagerty
2011 ND 240809 N.W.2d 288
Oral Argument
9/13/2011
Highlight
In a tort action by an employee to recover damages for a work-related injury, the employer has the burden of establishing by a preponderance of the evidence the defense that the employer is immune from suit under the exclusive remedy provisions of the workers compensation act.
North Dakota does not allow compensation for what are known within the parlance of workers compensation law as "mental-mental" injuries.
The North Dakota Human Rights Act does not preclude the filing of a claim in district court for damages based on sexual harassment.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/15/2011 | NOTICE OF APPEAL : 02/11/2011 | |
| 2 | 02/15/2011 | ORDER FOR TRANSCRIPT : 02/11/2011 | |
| 3 | 03/28/2011 | TRANSCRIPTS DATED September 15, 2009 & September 18, 2009 (2 vols.) & C.O.S. | |
| 4 | 03/28/2011 | DISK- Tra (9/15/09 & 9/18/09) | |
| 5 | 03/30/2011 | ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V. | |
| 6 | 03/30/2011 | RECORD ON APPEAL (3 vols) | |
| 7 | 05/06/2011 | APPELLANT BRIEF | View |
| 8 | 05/06/2011 | APPELLANT APPENDIX | |
| 9 | 05/09/2011 | DISK - ATB (e-mail) | |
| 10 | 06/10/2011 | APPELLEE BRIEF (e-filed) | View |
| 11 | 06/10/2011 | E-FILED BRIEF (AEB) | |
| 12 | 06/10/2011 | APPELLEE APPENDIX (E-filed) | |
| 13 | 06/10/2011 | E-FILED APPENDIX (AEA) | |
| 14 | 06/13/2011 | Received $25 surcharge for AEB (Receipt #20358) | |
| 15 | 06/15/2011 | Received 7 copies of AEB from CSD | |
| 16 | 06/15/2011 | Received 6 copies of AEA from CSD | |
| 17 | 07/19/2011 | NOTICE OF ORAL ARGUMENT SENT | |
| 18 | 08/10/2011 | SITTING WITH THE COURT : Lee, Gary H. | |
| 19 | 09/12/2011 | MOTION to file an Amicus Curiae Brief - ND Workforce Safety and Insurance | |
| 20 | 09/12/2011 | E-FILED MOTION (Mot/File ACB) | |
| 21 | 09/12/2011 | ACTION BY CHIEF JUSTICE (Mot/File/ACB) - Granted | |
| 22 | 09/12/2011 | AMICUS CURIAE BRIEF (e-filed) | View |
| 23 | 09/12/2011 | E-FILED BRIEF (ACB) | |
| 24 | 09/13/2011 | APPEARANCES: Daniel J. Kelsch; Tiffany L. Johnson | |
| 25 | 09/13/2011 | ARGUED: Daniel J. Kelsch; Tiffany L. Johnson | |
| 26 | 09/13/2011 | ORAL ARGUMENT WEBCAST | |
| 27 | 09/13/2011 | Supplemental Appellee's Brief - (response to Amicus Curiae Brief) | |
| 28 | 09/13/2011 | E-FILED BRIEF (Supplemental Appellee's Brief) | |
| 29 | 12/15/2011 | DISPOSITION (AND REMANDED) | |
| 30 | 12/15/2011 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 31 | 12/15/2011 | Costs on appeal not taxed against either party | |
| 32 | 12/16/2011 | Judgment Sent to Parties | |
| 33 | 01/06/2012 | MANDATE | |
| 34 | 01/10/2012 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 35 | 06/01/2021 | EXPUNGED - Nonpermanent record items destroyed |