Opinions

WSI v. Tolman 2020 ND 223
Docket No.: 20200025
Filing Date: 10/21/2020
Case Type: WORKERS COMPENSATION
Author: VandeWalle, Gerald W.

Highlight: Statutory interpretation presents a question of law. Statutory provisions are given their plain, ordinary, and commonly understood meaning unless a contrary intention plainly appears.

For purposes of WSI benefits, a compensable injury includes a mental or psychological condition caused by a physical injury, but only when the physical injury is determined with reasonable medical certainty to be at least fifty percent of the cause of the condition as compared with all other contributing causes combined, and only when the condition did not preexist the work injury.

Thiele v. Bousquet, et al. 2020 ND 222
Docket No.: 20200146
Filing Date: 10/21/2020
Case Type: PERSONAL INJURY
Author: Per Curiam

Highlight: A summary judgment in a personal injury action is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).

Yost v. State 2020 ND 221
Docket No.: 20200125
Filing Date: 10/21/2020
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gonzalez v. State 2020 ND 220
Docket No.: 20200079
Filing Date: 10/21/2020
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court’s order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Lubitz 2020 ND 219
Docket No.: 20200118
Filing Date: 10/21/2020
Case Type: HOMICIDE
Author: Per Curiam

Highlight: Criminal conviction for murder summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Hoffarth v. Hoffarth 2020 ND 218
Docket No.: 20200129
Filing Date: 10/21/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: McEvers, Lisa K. Fair

Highlight: A motion to reconsider an order disposing of a time-tolling post-trial motion does not continue tolling the time to file a notice of appeal.

It is not an abuse of discretion to deny an untimely motion.

State v. Long 2020 ND 216
Docket No.: 20200050
Filing Date: 10/21/2020
Case Type: DUI/DUS
Author: Jensen, Jon J.

Highlight: A district court’s order denying the defendant’s motion to dismiss is affirmed.

Section 39-08-01(1)(f), N.D.C.C., which requires an individual be advised of the consequences of refusing a chemical test, is unambiguous and does not provide informing drivers of the right to refuse a chemical test.

City of Minot v. Miller 2020 ND 215
Docket No.: 20200121
Filing Date: 10/21/2020
Case Type: DUI/DUS
Author: Per Curiam

Highlight: Exclusion of a chemical test through the application of N.D.C.C. § 39-20-01(b) is not an available remedy in a criminal proceeding not involving a refusal.

State v. Trefethren 2020 ND 214
Docket No.: 20200116
Filing Date: 10/21/2020
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: Criminal judgment entered after a guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

G & D Enterprises v. Liebelt 2020 ND 213
Docket No.: 20190256
Filing Date: 10/21/2020
Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.)
Author: Tufte, Jerod E.

Highlight: The duty which gives rise to a nuisance claim is the absolute duty not to act in a way which unreasonably interferes with other persons’ use and enjoyment of their property.

To succeed on a trespass claim, the plaintiff must establish the defendant intentionally entered the land of another, or caused a thing or third person to do so, without the consent of the landowner.

A district court’s decision granting or denying injunctive relief is equitable in nature, rests within its sound discretion, and will not be reversed on appeal absent an abuse of discretion.