Plains Trucking, LLC v. Cresap, et al.
Docket No. 20190014
Oral Argument:
Thursday, March 28, 2019 1:30 PM
Docket Info
- Title
- Plains Trucking, LLC, Petitioner
v.
Honorable Todd Cresap, Judge of the District
Court, North Central Judicial District, Lyle
and Laurie Davis, individually and as Personal
Representatives of the Estate of Trevor Davis,
and on behalf of the heirs-at-law and wrongful
death beneficiaries of Trevor Davis, Deceased;
Missouri Basin Well Service, Inc. d/b/a MBI
Energy Services, Respondents - Case Type
- CIVIL ORIG. PROCEEDING : WRIT OF SUPERVISION (Civil)
- Appeal From
-
Case No. 2015-CV-01030
North Central Judicial District, Ward County
Todd L. Cresap
2019 ND 226932 N.W.2d 541
Oral Argument
3/28/2019
Highlight
The supreme court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.
When a worker is an employee, the Workforce Safety and Insurance Act generally provides the exclusive remedy for the employee who suffers a compensable injury.
Workforce Safety and Insurance must make the initial determination that an employer has misrepresented the amount of payroll upon which its premium is based before an employee may pursue the dual remedy of a civil action.
Counsel
| Party | Type | Name |
|---|---|---|
| PETITIONER | PRIVATE PRACTICE | Lawrence E. King - 04997 |
| RESPONDENT | DISTRICT JUDGE | Todd L Cresap - 04414 |
| RESPONDENT | PRIVATE PRACTICE | Peter William Zuger - 06282 |
| RESPONDENT | STATE AGENCY | Shawnda R Ereth - 05701 |
| RESPONDENT | PRIVATE PRACTICE | Joel A Flom - 04469 |
| PETITIONER | PRIVATE PRACTICE | John E. Ward - 07495 |
| RESPONDENT | PRIVATE PRACTICE | Ronald H McLean - 03260 |
| RESPONDENT | PRIVATE PRACTICE | Ian McLean - 07320 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/15/2019 | PETITION FILED for Supervisory Writ | View |
| 2 | 01/15/2019 | PETITIONER BRIEF | View |
| 3 | 01/15/2019 | E-FILED BRIEF | |
| 4 | 01/15/2019 | PETITIONER'S APPENDIX | |
| 5 | 01/15/2019 | E-FILED APPENDIX | |
| 6 | 01/16/2019 | ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair | |
| 7 | 01/17/2019 | Filing fee and PTB e-filing surcharge (rec # 26846) received | |
| 8 | 02/05/2019 | RESPONDENT BRIEF | View |
| 9 | 02/05/2019 | E-FILED BRIEF | |
| 10 | 02/05/2019 | RESPONDENTS APPENDIX | |
| 11 | 02/05/2019 | E-FILED APPENDIX | |
| 12 | 02/07/2019 | Received e-filing surcharge for RPB (rct. # 26886) | |
| 13 | 02/07/2019 | Notice of no position on petition by Missouri Well Service | View |
| 14 | 02/21/2019 | Order Staying Trial and consolidating with 20190022 for oral argument | |
| 15 | 02/21/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 16 | 02/27/2019 | SITTING WITH THE COURT : Schmalenberger, Allan L. | |
| 17 | 03/28/2019 | APPEARANCES: Lawrence King & John Ward/Peter Zuger | |
| 18 | 03/28/2019 | ARGUED: King/P. Zuger | |
| 19 | 03/28/2019 | ORAL ARGUMENT WEBCAST | |
| 20 | 08/22/2019 | ACTION BY SUPREME COURT - Granted | |
| 21 | 08/22/2019 | DISPOSITION (Petition for Supervisory Writ Granted ,Cross-Petition Denied) | |
| 22 | 08/22/2019 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
| 23 | 08/26/2019 | Judgment Sent to Parties | |
| 24 | 09/13/2019 | MANDATE | |
| 25 | 10/22/2019 | Corrected/Substitute Opinion Page (page 1, paragraph 2, line 2 word "a" replaced with "an") |