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Sadek, et al. v. Weber, et al.

Docket No. 20190216
Oral Argument: Thursday, December 19, 2019 1:30 PM

Docket Info

Title
John Sadek and Tammy Sadek, as surviving parents
of Andrew Sadek on behalf of all heirs-at-law,
and the Estate of Andrew Sadek, Plaintiffs and Appellants
v.
Jason Weber, individually and as a Richland
County Sheriff's Deputy and Task Force Officer
of the South East Multi County Agency Narcotics
Task Force, and Richland County, North Dakota,
a political subdivision, Defendants and Appellees
Case Type
CIVIL APPEAL : TORTS (NEGLIGENCE, LIAB., NUIS.)
Appeal From
Case No. 2016-CV-00128
Southeast Judicial District, Richland County
Jay A. Schmitz
2020 ND 194948 N.W.2d 820
Oral Argument 12/19/2019

Highlight

For the tort of deceit, one who willfully deceives another with intent to induce that person to alter that person’s position to that person’s injury or risk is liable for any damage which that person thereby suffers.

While there must be a false representation of a material fact that either exists in the present or has existed in the past, a mere expression of an opinion in the nature of a prophecy as to the happening or non-happening of a future event is not actionable as deceit.

Negligence consists of a duty on the part of an allegedly negligent person to protect the plaintiff from injury, a failure to discharge the duty, and a resulting injury proximately caused by the breach of the duty.

A proximate cause is a cause which, as a natural and continuous sequence, unbroken by any controlling intervening cause, produces the injury, and without which it would not have occurred.

Briefs

Filing Date Description
10/07/2019 APPELLANT BRIEF View
11/01/2019 APPELLEE BRIEF View
11/15/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Corey J. Quinton - 05342
APPELLANT PRIVATE PRACTICE Tatum O'Brien - 05985
APPELLEE PRIVATE PRACTICE Tyler S. Carlson - 06948
APPELLANT PRIVATE PRACTICE Timothy Michael O'Keeffe - 05636

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

Seq. # Filing Date Description Attachment
1 07/10/2019 NOTICE OF APPEAL : 07/10/2019
2 07/10/2019 ORDER FOR TRANSCRIPT : 07/17/2019
3 07/15/2019 Rec'd $125 filing fee
4 07/16/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 07/16/2019 Notice served on Timothy M. O'Keefe,Tatum O'Brien, Corey J. Quinton and Tyler S. Carlson
6 08/02/2019 ELEC. RECORD ON APPEAL DATED AUGUST 1, 2019 (ENTRY NOS. 1-200)
7 08/12/2019 AMENDED ELEC. RECORD ON APPEAL DATED AUGUST 9, 2019 (ENTRY NOS. 1-201)(REC'D BY U.S. MAIL: 87 DISK)
8 08/28/2019 ELECTRONIC TRANSCRIPT DATED APRIL 23, 2019
9 08/28/2019 CERTIFICATE OF SERVICE -TRANSCRIPT
10 10/07/2019 APPELLANT BRIEF View
11 10/07/2019 APPELLANT APPENDIX
12 10/07/2019 Oral Argument Request by Appellants
13 10/11/2019 Rec'd 6 copies of ATB & ATA
14 11/01/2019 APPELLEE BRIEF View
15 11/01/2019 Oral Argument Request by Appellee
16 11/05/2019 Rec'd non-substantive corrections to AEB (cover page)
17 11/12/2019 Rec'd 6 copies of AEB from Central Duplicating.
18 11/15/2019 REPLY BRIEF View
19 11/18/2019 NOTICE OF ORAL ARGUMENT SENT
20 11/18/2019 Rec'd 6 copies of RYB back from Central Duplicating
21 12/09/2019 Request for Radio/TV Coverage (Prairie Public Broadcasting)
22 12/09/2019 ACTION BY CLERK - Granted
23 12/19/2019 APPEARANCES: Timothy M. O'Keeffe & Tatum O'Brien; Corey J. Quinton & Tyler S. Carlson
24 12/19/2019 ARGUED: Tatum O'Brien; Corey J. Quinton
25 12/19/2019 ORAL ARGUMENT WEBCAST
26 09/15/2020 DISPOSITION
27 09/15/2020 SPLIT OPINION : Crothers, Daniel John View
28 09/15/2020 DISSENT : VandeWalle, Gerald W.
29 09/15/2020 Costs taxed in favor of Appellees
30 09/17/2020 Judgment Sent to Parties
31 10/07/2020 MANDATE
32 11/09/2020 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
33 11/10/2020 Corrected Opinion Page - Page 11, Para. 37, line 12, I italicized the "see also" within the line.
34 11/09/2020 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE