Opinions

McClure v. McClure 2003 ND 130
Docket No.: 20020351
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: In imputing income under N.D. Admin. Code sec. 75-02-04.1-07(3) for determining a child support obligation, the subdivision resulting in the greatest imputed income must be used.

Collette v. Clausen 2003 ND 129
Docket No.: 20030026
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: A supplier of a chattel can be liable for negligent entrustment if the supplier knows or has reason to know the person who he supplies the chattel to is likely to use the chattel in a manner involving unreasonable risk of physical harm to himself or others.
A supplier of a chattel has a duty to warn of dangers if the supplier knows or has reason to know the chattel is or is likely to be dangerous for the use for which it is supplied; has no reason to believe those for whose use the chattel is supplied will realize its dangerous condition; and fails to exercise reasonable care to inform the users of its dangerous condition or of the facts which make it likely to be dangerous.

Weiss, et al. v. Collection Center, Inc., et al. 2003 ND 128
Docket No.: 20020327
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: The least-sophisticated-consumer standard is used to determine whether a debt collector has used false or misleading practices to collect a debt.
A cause of action for intentional infliction of emotional distress requires proof of extreme and outrageous conduct that is intentional or reckless and causes severe emotional distress.

Interest of D.P.O.(CONFIDENTIAL) (Consolidated w/20030020) 2003 ND 127
Docket No.: 20030002
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Establishment of a psychological parent relationship does not end the trial court's inquiry in making a custody decision, but merely furnishes a justification for the award of custody to a party other than the natural parent.
When a psychological parent and a natural parent each seek a court-ordered award of custody, the natural parent's paramount right to custody prevails unless the court finds it in the child's best interests to award custody to the psychological parent to prevent serious harm or detriment to the child.
As a prerequisite to awarding grandparent visitation, the trial court must determine whether the visitation would be in the best interests of the child and whether the visitation would interfere with the parent-child relationship.

Matter of Fosaaen (CONFIDENTIAL) 2003 ND 126
Docket No.: 20030195
Filing Date: 8/15/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer transferred to incapacitated status.

Valley Honey Co. v. Graves, et al. 2003 ND 125
Docket No.: 20020254
Filing Date: 7/21/2003
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: If a condition appears on the face of a grant of real property, the grant takes effect on performance of the condition.
On a motion to amend judgment for additional costs, a party must provide the court with sufficient grounds for why it failed to bring the cost in its original affidavit of costs.

Lawrence v. Roberdeau, et al. (consolidated w/20030061) 2003 ND 124
Docket No.: 20030060
Filing Date: 7/18/2003
Case Type: Appeal - Civil - Malpractice
Author: Sandstrom, Dale

Highlight: Witness immunity bars a suit challenging a witness's testimony.
A state employee is not personally liable for money damages in a negligence case when the injury is proximately caused by the employee acting within the scope of employment.

Bladow v. Bladow 2003 ND 123
Docket No.: 20030011
Filing Date: 7/18/2003
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: The proceeds of a personal injury settlement received during the marriage are part of the marital estate, and their distribution is part of the equitable distribution of property in a divorce.

Ringsaker v. Workforce Safety and Insurance 2003 ND 122
Docket No.: 20020335
Filing Date: 7/18/2003
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: Litigants have a duty to comply with clearly communicated case-management orders.
Service of a brief by mail is complete upon mailing, but filing requires actual receipt.
A trial court may take any appropriate action against any person failing to perform an act required by court order.

Gonzalez v. Tounjian, et al 2003 ND 121
Docket No.: 20020263
Filing Date: 7/18/2003
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: A lessor who retains control over common areas of an apartment building has a duty to exercise reasonable care to keep the common areas safe.
An expert witness need not be a specialist in a particularized field, have a formal title or specific certification, or be licensed in any particular field. Expert testimony is admissible if the trial court determines the expert's knowledge, training, education, or experience will assist the trier of fact.
The trier of fact in a tort case may award interest on past noneconomic damages.
Interest on future damages is not allowed in a tort case.