Opinions

Wilson v. State (cross-reference w/990193) 2001 ND 24
Docket No.: 20000229
Filing Date: 2/15/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeal from denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Weathers, et al. v. Peters, et al. 2001 ND 23
Docket No.: 20000141
Filing Date: 2/15/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Denial of Motion to Exclude Evidence of results of a Blood Alcohol Concentration test and Judgment on Jury Verdict dismissing claims on the merits and with prejudice are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Fredericks v. American Federal Bank 2001 ND 22
Docket No.: 20000150
Filing Date: 2/5/2001
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Judgment awarding employee severance benefits is summarily affirmed under N.D.R.App.P 35.1(a)(2).

Wanstrom v. ND Workers Comp. Bureau, et al. (cross-reference w/990306) 2001 ND 21
Docket No.: 20000187
Filing Date: 2/2/2001
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: The presumption that a firefighter's lung disease was suffered in the line of duty is based on a legislatively adopted premise that a firefighter's occupational exposure to smoke causes lung disease, and the presumption cannot be rebutted by expert medical opinion rejecting that underlying premise.

Kautzman, et al. v. McDonald, et al. 2001 ND 20
Docket No.: 20000156
Filing Date: 2/2/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Maring, Mary

Highlight: Absent the timely filing of a notice of claim against the state or one of its employees, the court lacks subject matter jurisdiction to entertain a lawsuit against them.
When a plaintiff brings an action for intentional infliction of emotional distress, the court must initially decide whether a defendant's conduct reasonably may be regarded as "extreme and outrageous."
The owner of a domestic animal which is killed or injured by the negligent or willful act of a third person proximately resulting in that death or injury is entitled to recover for the loss suffered.
The decision by law enforcement officers whether the plaintiffs' dogs posed a danger to the officers or to others, thereby justifying the dogs' destruction, does not fall within the discretionary function exception to political subdivision liability.

Schmitz v. Schmitz (cross-ref. w/980056) 2001 ND 19
Docket No.: 20000133
Filing Date: 2/2/2001
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: Spousal support payments may be modified only upon a showing of a material change in circumstances justifying the modification.

Barrera v. State (cross-ref. w/970010 & 960021) 2001 ND 18
Docket No.: 20000195
Filing Date: 2/2/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: It is a misuse of process to raise issues on subsequent post-conviction applications that could have been raised in the initial post-conviction application.

Des Lacs Valley Land Corp. v. Herzig, et al. 2001 ND 17
Docket No.: 20000033
Filing Date: 2/1/2001
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: In the absence of fraud, mistake, or accident, an unambiguous written deed cannot be altered by parol evidence.
A trial court decision will not be set aside because the court applied an incorrect rationale, if the result is the same under the correct law and rationale.

Eckes v. Richland Co. Social Service Board, et al. 2001 ND 16
Docket No.: 20000142
Filing Date: 2/1/2001
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: The unambiguous settlor's intent determines the nature of the trust.

Owens v. State (CONSOLIDATED W/20000129) (CROSS-REF SEE DOCKET MEMO) 2001 ND 15
Docket No.: 20000128
Filing Date: 1/30/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: Post-conviction relief is denied for misuse of process when a petitioner presents issues the petitioner inexcusably failed to raise in a previous post-conviction hearing.