Opinions

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.

Smith v. Baumgartner 2003 ND 120
Docket No.: 20020323
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the statute.
The legislative policy behind the enactment of the Uniform Interstate Family Support Act ("UIFSA") of ensuring uniform recognition and enforcement of child foreign child support orders among the states supports a rational inference that the legislature intended retroactive application.

State v. Schwab 2003 ND 119
Docket No.: 20020306
Filing Date: 7/16/2003
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: Under N.D.R.Crim.P. 3(b), amendment of a complaint is within the district court's discretion.
On appeal, a trial court's jury selection process is reviewed using an abuse of discretion standard.
A potential juror's acquaintance with a possible witness is not implied bias.
In a fair-cross-section challenge, a defendant must show the group alleged to be excluded is a distinctive group in the community, the representation of the group is not fair and reasonable in relation to the number of such persons in the community, and the group was systematically excluded in the jury selection process.

Syversen, et al. v. Hess, et al. 2003 ND 118
Docket No.: 20020361
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: When mistake is alleged, an unambiguous written deed can be altered by parol evidence.
A trial court decision will not be set aside merely because the court applied an incorrect reason, if the result is the same under the correct law and reasoning.

Tarnavsky v. McKenzie Co. Grazing Association 2003 ND 117
Docket No.: 20020311
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: Statutes of limitation ordinarily begin to run from the commission of the wrongful act giving rise to the cause of action.
The discovery rule postpones the accrual of a claim until the plaintiff knew or with the exercise of reasonable diligence should have known the wrongful act and its resulting injury, and an objective standard is used for determining knowledge of a potential claim under the discovery rule.

State v. Steen (Consolidated w/20020356-20020360) 2003 ND 116
Docket No.: 20020355
Filing Date: 7/16/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: An order correcting an illegal sentence involves a substantial right and is appealable.
A district court's failure to act, upon motion, to reduce a defendant's criminal sentence within 120 days after sentence is imposed, forecloses its power to reduce a criminal sentence.

Coons v. Coons 2003 ND 115
Docket No.: 20020169
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: Where a presumption of domestic violence has been made and not yet rebutted, interim custody may be transferred from the presumed perpetrator until the presumption is rebutted by clear and convincing evidence.