Search Tips

Toman Engineering v. Koch Construction, et al.

Docket No. 20210186
Oral Argument: Argument Date & Time is not set.

Docket Info

Title
Toman Engineering Company, Plaintiff and Appellee
v.
Koch Construction, Inc. and Marilyn Koch,
Personal Representative of the Estate of
Michael P. Koch, Defendants and Appellants
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 2019-CV-01921
South Central Judicial District, Burleigh County
Daniel James Borgen

Parties' Statement of Issues

  • Appellant

    A. Whether the District Court abused its discretion in its legal determination that Defendants committed intentional spoliation of the evidence in relation to a repaired stormwater detention pond located on public property in Dickinson, mandating the extreme sanction of dismissal of the Counterclaim and Equitable Recoupment Defense.
    B. Whether the District Court abused its discretion in its evidentiary rulings preventing Defendants from eliciting expert testimony from licensed professional engineer Scott Schneider at trial that the stormwater detention pond – even had it been constructed per Toman’s plans – still would not have met Dickinson’s storm water drainage ordinances.
    C. Whether the District Court abused its exclusion of considerable impeachment evidence as well as the wholesale exclusion of Marilyn Koch concerning the scope of the oral agreement for Toman’s engineering services, which would have proven its obligation as the construction manager to ensure the Pond was built per its design.
    D. Whether the District Court abused its discretion in awarding Toman 100% of its expert fees when such work was already determined to be unnecessary per the court’s spoliation order.


Briefs

Filing Date Description
11/12/2021 APPELLANT BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE David Allan Tschider - 04224
APPELLANT PRIVATE PRACTICE Randall Joseph Bakke - 03898
APPELLANT PRIVATE PRACTICE Bradley Neuman Wiederholt - 06354
APPELLEE PRIVATE PRACTICE John E. Ward - 07495

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

Seq. # Filing Date Description Attachment
1 07/07/2021 NOTICE OF APPEAL : 07/07/2021
2 07/07/2021 ORDER FOR TRANSCRIPT : 07/13/2021
3 07/12/2021 Rec'd $125.00 Filing Fee
4 07/12/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 07/12/2021 Notice Served on Randall J. Bakke & Bradley N. Wiederholt and David A. Tschider & John E. Ward
6 07/23/2021 ELECTRONIC TRANSCRIPT DATED MAY 3, 2021 - JURY TRIAL - DAY 1
7 07/23/2021 ELECTRONIC TRANSCRIPT DATED MAY 4, 2021 - JURY TRIAL - DAY 2 - PART 1
8 07/23/2021 ELECTRONIC TRANSCRIPT DATED MAY 4, 2021 - JURY TRIAL - DAY 2 - PART 2
9 07/23/2021 ELECTRONIC TRANSCRIPT DATED MAY 5, 2021 - JURY TRIAL - DAY 3 - PART 1
10 07/23/2021 ELECTRONIC TRANSCRIPT DATED MAY 5, 2021 - JURY TRIAL - DAY 3 - PART 2
11 07/23/2021 ELECTRONIC TRANSCRIPT DATED MAY 6, 2021 - JURY TRIAL - DAY 4
12 07/23/2021 ELECTRONIC TRANSCRIPT DATED MAY 7, 2021 - JURY TRIAL - DAY 5
13 07/23/2021 TRANSCRIPTS DATED MAY 3, 2021 TO MAY 7, 2021 FILED IN ODYSSEY
14 08/10/2021 ELEC. RECORD ON APPEAL DATED AUGUST 9, 2021 (ENTRY NOS. 1-637 & 639-649)(NO ENTRY #638)
15 08/13/2021 ELECTRONIC TRANSCRIPT DATED APRIL 30, 2021
16 08/13/2021 TRANSCRIPT CERTIFICATE OF SERVICE
17 08/13/2021 CORRECTED TRANSCRIPT CERTIFICATE OF SERVICE
18 09/02/2021 MOTION FOR REMAND
19 09/03/2021 ACTION BY CLERK - Granted
20 09/03/2021 ORDER OF REMAND
21 09/03/2021 Briefing schedule stayed pending remand
22 09/03/2021 Order/Judgment Sent to Parties
23 09/08/2021 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 21,2020
24 09/08/2021 ELECTRONIC TRANSCRIPT DATED APRIL 27, 2021
25 09/08/2021 TRANSCRIPT CERTIFICATE OF SERVICE
26 09/09/2021 ELECTRONIC TRANSCRIPT DATED MARCH 22, 2021
27 09/09/2021 ELECTRONIC TRANSCRIPT DATED APRIL 13, 2021
28 09/09/2021 TRANSCRIPT CERTIFICATE OF SERVICE
29 10/05/2021 Order Directing Stay of Amended Judgment and Approval of Depoist of Security into Court,
30 10/05/2021 Pending Appeal
31 10/11/2021 MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to remand )
32 10/11/2021 ACTION BY CLERK (sua sponte due to remand ) - Granted : 11/10/2021
33 10/19/2021 SECOND NOTICE OF APPEAL : 10/19/2021
34 10/20/2021 NOT. OF FILING SECOND NOT. OF APPEAL AND PROOF OF SERV.
35 10/20/2021 Notice Served on Randall J. Bakke & Bradley N. Wiederholt and David A. Tschider & John E. Ward
36 10/20/2021 ELEC. RECORD ON APPEAL DATED OCTOBER 20, 2021(ENTRY NOS. 1-637 & 639-668)(DELETED #638)(REFILED)
37 11/05/2021 MOTION FOR ADDITIONAL PAGES BY APPELLANT
38 11/09/2021 ACTION BY CHIEF JUSTICE (10 pages granted) - Granted
39 11/10/2021 Rec'd non-compliant ATB (over page count)
40 11/10/2021 APPELLANT APPENDIX
41 11/12/2021 Rec'd compliant ATB
42 11/12/2021 APPELLANT BRIEF View
43 11/12/2021 Oral Argument Request by Appellant
44 11/15/2021 Rec'd $265.00 for additional pages in Appendix (receipt #28285)
45 11/16/2021 Rec'd 3 copies of ATB and 2 copies of ATA back from CD
46 11/16/2021 1ST ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 15, 2021 (ENTRY NOS. 669-675)