Ayling v. Sens, et al.
Docket No. 20180231
Oral Argument:
Thursday, January 10, 2019 2:45 PM
Docket Info
- Title
- Robin E. Ayling, individually and as parent of
Blake Christopher Ayling, deceased, Plaintiff and Appellant
v.
Mary Ann Sens, M.D., Ph.D., individually, as
Grand Forks County Coroner ;
as North Dakota State Forensic Examiner
Pathologist Designee ; and as
Co-Director of the University of North Dakota
School of Medicine and Health Sciences
Forensic Pathology Practice Facility, Defendant and Appellee
and
University of North Dakota, a public
University of the North Dakota University
System, Dr. Mark Koponen, individually and
as Co-Director of the University of North
Dakota School of Medicine and Health
Sciences Forensic Pathology Practice Facility,
and Dr. Joshua Wynn individually and in his
official capacity as Dean of the University of
North Dakota School of Medicine and Health
Sciences including the Forensic Pathology
Practice Facility, Defendants and Appellees
and
Grand Forks County, as a political subdivision
and its States Attorney David Jones in his official
capacity and individually, and its Commissioners
in their official capacity as a Board and
individually, specifically Gary Malm, David Engen,
Tom Falck, Diane Knauf, and Cynthia Pic, Defendants and Appellees
and
Dr. William Massella, individually and in his
official capacity as North Dakota State
Forensic Examiner, Defendant and Appellee - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2017-CV-00889
Northeast Central Judicial District, Grand Forks County
Steven E. McCullough
2019 ND 114926 N.W.2d 147
Oral Argument
1/10/2019
Highlight
An action barred by a statute of limitations generally is dismissed under the summary judgment standards of N.D.R.Civ.P. 56.
Determining when a cause of action accrues is normally a question of fact, but it becomes a question of law when the material facts are undisputed. Under the discovery rule the accrual of a claim is postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 06/06/2018 | NOTICE OF APPEAL : 06/06/2018 | |
2 | 06/06/2018 | ORDER FOR TRANSCRIPT : 06/11/2018 | |
3 | 06/06/2018 | Rec'd $125 filing fee (receipt 26212) | |
4 | 06/08/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
5 | 06/08/2018 | Notice served on Robin E. Ayling, Randall S. Hanson, Megan J. Flom and Daniel L. Gaustad | |
6 | 07/05/2018 | ELEC. RECORD ON APPEAL DATED JULY 3, 2018 (ENTRY NOS. 1 - 89,91 - 198, 201 - 279, 281 - 289) ITEMS | |
7 | 07/05/2018 | NOT RECIEVED, ENTRY NO. 90 | |
8 | 08/06/2018 | ELECTRONIC TRANSCRIPTS DATED JULY 6, 2017, NOVEMBER 8, 2017 & C.O.S. | |
9 | 09/15/2018 | Rec'd non-compliant ATB,ATA & ADD | |
10 | 09/21/2018 | MOT. EXT/TIME APPELLANT BRIEF | |
11 | 09/21/2018 | ACTION BY CLERK - Granted : 09/28/2018 | |
12 | 09/26/2018 | MOTION FOR additional words for Appellant's brief | |
13 | 09/26/2018 | E-FILED MOTION | |
14 | 09/26/2018 | ACTION BY CHIEF JUSTICE - Denied | |
15 | 09/28/2018 | Rec'd compliant ATB, ATA & ADD | |
16 | 09/28/2018 | APPELLANT BRIEF & ADDENDUM | View |
17 | 09/28/2018 | E-FILED BRIEF | |
18 | 09/28/2018 | APPELLANT APPENDIX | |
19 | 09/28/2018 | E-FILED APPENDIX | |
20 | 10/02/2018 | Rec'd $25 surcharge ATB; & $10.50 for part of AX1 (Receipt #26630) | |
21 | 10/03/2018 | Rec'd nonsubstantive corrections ax1 (Missing pages 151-175) | |
22 | 10/05/2018 | Rec'd 6 copies of ATB and 6 copies of ATA from Central Duplicating | |
23 | 10/09/2018 | Rec'd remaining fee $97 for AX1 (Receipt #26645) | |
24 | 10/26/2018 | APPELLEE BRIEF | View |
25 | 10/26/2018 | E-FILED BRIEF (PDF) (Grand Forks County) | |
26 | 10/29/2018 | Rec'd $25 e-filing surcharge for AEB (Grand Forks County) (receipt # 26689) | |
27 | 10/29/2018 | APPELLEE BRIEF | View |
28 | 10/29/2018 | E-FILED BRIEF (PDF) (Sens, et al.) | |
29 | 11/01/2018 | Rec'd $25 e-filing surcharge for AEB (Sens, et al.) (receipt # 26702) | |
30 | 11/01/2018 | ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair | |
31 | 11/02/2018 | Rec'd 6 copies of AEB ( Sens, et at.) back from Central Duplicating | |
32 | 11/02/2018 | Rec'd 6 copies of AEB ( Grand Forks County) back from Central Duplicating | |
33 | 11/14/2018 | ANNOUNCED DISQUALIFICATION : Jensen, Jon J. | |
34 | 11/13/2018 | REPLY BRIEF | View |
35 | 11/13/2018 | E-FILED BRIEF | |
36 | 11/15/2018 | Rec'd 6 copies of RYB from CSD | |
37 | 12/17/2018 | NOTICE OF ORAL ARGUMENT SENT | |
38 | 12/19/2018 | SITTING WITH THE COURT : Clark, Cherie LaVonne | |
39 | 12/19/2018 | SITTING WITH THE COURT : Schmidt, Robin Ann | |
40 | 12/28/2018 | MOTION FOR Judicial Notice (surcharge received 1/7/19) | |
41 | 01/09/2019 | State Appellee's object, but no specific response filed unless requested by the Court | |
42 | 01/09/2019 | Motion For Judicial Notice To Be Heard With the Merits | |
43 | 01/10/2019 | APPEARANCES: Robin E. Ayling; Joseph E. Quinn; Matt A. Paulson | |
44 | 01/10/2019 | ARGUED: Robin E. Ayling; Joseph E. Quinn; Matt A. Paulson | |
45 | 01/10/2019 | ORAL ARGUMENT WEBCAST | |
46 | 04/25/2019 | DISPOSITION | |
47 | 04/25/2019 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
48 | 04/25/2019 | COSTS ON APPEAL TAXED IN FAVOR OF APPELLEES | |
49 | 04/25/2019 | NO ACTION TAKEN (motion for judicial notice) | |
50 | 04/26/2019 | Judgment Sent to Parties | |
51 | 05/10/2019 | Non-compliant PER rec'd; given until 5-17-19 to revise (word count) | |
52 | 05/17/2019 | PETITION FOR REHEARING | View |
53 | 05/21/2019 | Rec'd 6 copies of PER from CSD | |
54 | 07/24/2019 | ACTION BY SUPREME COURT - Denied | |
55 | 07/31/2019 | MOTION FOR modifying opinion, with supporting documents | |
56 | 08/07/2019 | ACTION BY SUPREME COURT - Denied | |
57 | 08/07/2019 | MANDATE |