Opinions

Groleau v. Bjornson Oil Co., et al. 2004 ND 55
Docket No.: 20030171
Filing Date: 3/23/2004
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: Under premises liability law, a defendant must have had control over the property where the injury occurred in order to find the defendant owed a duty to entrants upon the property.
Although a landowner generally owes a duty to lawful entrants to maintain property in a reasonably safe condition, the landowner's duty is limited when a dangerous condition is known or obvious to the entrant.
A landowner is not liable to entrants for injury caused by a known or obvious danger unless the landowner should anticipate the harm despite such knowledge or obviousness.
The determination whether a dangerous condition is open and obvious is generally a question of fact for the trier of fact.

Dettler v. Sprynczynatyk, Director, DOT 2004 ND 54
Docket No.: 20030292
Filing Date: 3/23/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: In an administrative agency appeal, the specifications of error must identify what matters are truly at issue with sufficient specificity to fairly apprise the agency, other parties, and the court of the particular errors claimed.
The purpose of the specificity requirement is to prevent meaningless specifications of error.
Boilerplate specifications of error are insufficient as a matter of law.
A fact-finder can draw reasonable inferences from the evidence.

State v. Schiele 2004 ND 53
Docket No.: 20030294
Filing Date: 3/23/2004
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction for luring a minor by computer is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of K.P. (CONFIDENTIAL) (cross-ref. w/20030175) 2004 ND 52
Docket No.: 20040049
Filing Date: 3/10/2004
Case Type: Appeal - Civil - Mental Health
Author: Sandstrom, Dale

Highlight: The party moving for a change of venue must establish that the convenience of witnesses and the ends of justice would be promoted by the change.
To modify an alternative treatment order and require hospitalization, the district court must find noncompliance with the terms of the order or find the order is insufficient to prevent the individual under the order from inflicting harm or injuries upon the individual or others.
Any amount of noncompliance with an alternative treatment order is cause for modification.

State v. Wilson 2004 ND 51
Docket No.: 20030112
Filing Date: 3/1/2004
Case Type: Appeal - Criminal - Theft
Author: Neumann, William

Highlight: A defendant challenging the sufficiency of the evidence must show that the evidence, when viewed in the light most favorable to the verdict, supports no reasonable inference of guilt.
Failure to give defendant's requested instruction is not error when the requested instruction misstates the law and when the instruction might unnecessarily confuse the jury.

State v. Pettit 2004 ND 50
Docket No.: 20030244
Filing Date: 3/1/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal conviction for accomplice to manufacturing methamphetamine is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Beaudoin v. South Texas Blood & Tissue Center 2004 ND 49
Docket No.: 20030148
Filing Date: 3/1/2004
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: Removing, preserving, and delivery of body parts involves science or art requiring special skills not ordinarily possessed by lay persons and is governed by the two-year statute of limitations for malpractice.
A process server's service of process upon a corporation's Executive Office Manager will be deemed valid if a corporate employee identifies the Executive Office Manager as a proper person to accept service, the process server reasonably relies on that identifying representation, the Executive Office Manager served is of sufficient character and rank to make it reasonably certain that the defendant will be apprised of the service made, and the service results in actual delivery to a person responsible for protecting the corporation's interests in litigation.

State v. Bergstrom 2004 ND 48
Docket No.: 20030160
Filing Date: 2/27/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: A search warrant is valid if it is supported by probable cause and it particularly describes the place to be searched and the persons or things to be seized.
A four-factor balancing is used to evaluate the validity of a speedy trial claim: length of the delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused.

Vandall v. Trinity Hospitals, et al. 2004 ND 47
Docket No.: 20030255
Filing Date: 2/27/2004
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: There is no common law tort for retaliatory discharge in North Dakota because of the statute.
A 180-day statute of limitations governs a claim for retaliatory discharge.
An individual who merely provides facts concerning the conduct of another to an administrative board possessing the authority to issue charges is not liable for wrongful use of civil proceedings before an administrative board.
In a claim for intentional infliction of emotional distress, the conduct must be so extreme in degree as to be beyond all possible bounds of decency and utterly intolerable in a civilized society.
A trial court may award attorneys' fees to a prevailing party in an action for retaliatory discharge brought under the statute.

Muhammed v. Welch 2004 ND 46
Docket No.: 20030182
Filing Date: 2/25/2004
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: Service on a decedent's widower is not service on the decedent's estate.
The fraudulent concealment necessary to extend a statute of limitations an additional year under section 28-01-24, N.D.C.C., relates to concealment of the cause of action, not concealment of the death of a party.
Equitable estoppel may preclude application of a statute of limitations as a defense by one whose actions mislead another, inducing that person to not file a claim within the statutory period.
An insurance adjuster acting for an insurance company may be considered the agent of the insured so as to estop the defendant-insured from raising the statute of limitations defense.
Representatives of a deceased defendant may have an affirmative duty to inform the plaintiff of the defendant's death.