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Bakke v. Magi-Touch Carpet One Floor & Home, Inc., et al.

Docket No. 20180116
Oral Argument: Wednesday, October 31, 2018 11:00 AM

Docket Info

Title
Shannon Bakke, Plaintiff and Appellant
v.
Magi-Touch Carpet One Floor & Home, Inc., Defendant and Appellee
and
SPS Companies, Inc., Defendant
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 2017-CV-02258
South Central Judicial District, Burleigh County
David E. Reich
2018 ND 273920 N.W.2d 726
Oral Argument 10/31/2018

Highlight

An employer of an independent contractor generally is not liable for the negligence of the independent contractor.

North Dakota law recognizes an implied warranty of fitness for a particular purpose in construction contracts.

A contracting party cannot escape its liability on the contract by merely assigning its duties and rights under the contract to a third party.

The remedy for fraud is rescission of the contract and requires returning the parties back to their original positions.

Deceit is not an action dependent on a contract; it is a tort cause of action, and allows recovery of damages upon proof of an affirmative misrepresentation or suppression of material facts.

When a party requests leave to amend without requesting additional discovery and a summary judgment motion has been docketed, the proposed amendment must be both theoretically viable and solidly grounded in the record.

The measure of damages for breach of contract is the amount which will compensate the injured person for the loss which fulfillment of the contract would have prevented or the breach of the contract now requires.

Briefs

Filing Date Description
06/29/2018 APPELLANT BRIEF View
07/24/2018 APPELLEE BRIEF View
08/06/2018 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Shawn Arlin Grinolds - 05407
APPELLEE PRIVATE PRACTICE William P Harrie - 04411
APPELLEE PRIVATE PRACTICE Cloe A. Kilwein - 08375

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

Seq. # Filing Date Description Attachment
1 03/22/2018 NOTICE OF APPEAL : 03/22/2018
2 03/27/2018 Received $125 filing fee
3 03/29/2018 ORDER FOR TRANSCRIPT : 03/29/2018
4 03/29/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 03/29/2018 Notice served on Wade A. Davison, Shawn A. Grinolds, William P. Harrie, & Tracy Vigness Kolb
6 04/24/2018 ELEC. RECORD ON APPEAL DATED APRIL 23, 2018 (ENTRY NOS. 1-74)
7 05/23/2018 ELECTRONIC TRANSCRIPT DATED DECEMBER 14, 2017 & C.O.S.
8 06/29/2018 APPELLANT BRIEF View
9 06/29/2018 E-FILED BRIEF (PDF)
10 06/29/2018 APPELLANT APPENDIX
11 06/29/2018 E-FILED APPENDIX
12 07/06/2018 RECEIVED NOTICE THAT BRIEF WILL NOT BE FILED ON BEHALF OF SPS COMPANIES, INC.
13 07/06/2018 Rec'd $25 e-filing surcharge for ATB (receipt #26289)
14 07/09/2018 Rec'd 6 copies of ATB & ATA from CSD
15 07/24/2018 APPELLEE BRIEF View
16 07/24/2018 E-FILED BRIEF
17 07/30/2018 Rec'd $25 e-filing surcharge for AEB (receipt #26330)
18 08/01/2018 Rec'd 6 copies of AEB from CSD
19 08/06/2018 REPLY BRIEF View
20 08/06/2018 E-FILED BRIEF (PDF)
21 08/10/2018 Rec'd 6 copies of RYB from Central Duplicating
22 09/19/2018 NOTICE OF ORAL ARGUMENT SENT
23 10/31/2018 APPEARANCES: Shawn A. Grinolds; Cloe A. Kilwein
24 10/31/2018 ARGUED: Shawn A. Grinolds; Cloe A. Kilwein
25 10/31/2018 ORAL ARGUMENT WEBCAST
26 12/06/2018 DISPOSITION
27 12/06/2018 UNANIMOUS OPINION : Jensen, Jon J. View
28 12/06/2018 Neither party have and recover costs and disbursements
29 12/07/2018 Judgment Sent to Parties
30 01/02/2019 MANDATE