Sadek, et al. v. Weber, et al.
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
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.
(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 |