Opinions

Interest of T.H. (CONFIDENTIAL)(cross reference with 20120168) 2012 ND 38
Docket No.: 20110084
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Juvenile Law
Author: Sandstrom, Dale

Highlight: A party's right to object to the court's jurisdiction over the person is waived if the party makes a voluntary appearance and fails to object to the court's assertion of personal jurisdiction.
Section 27-20-36, N.D.C.C., does not limit the total length of time a child may be placed in a foster home in deprivation proceedings.
Parental cooperation with social services is pertinent in deciding whether a child continues to be deprived and whether the deprivation will continue.

Rickert v. Dakota Sanitation Plus, et al. (Cross-reference w/20100367) 2012 ND 37
Docket No.: 20110158
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Corporations
Author: Kapsner, Carol

Highlight: For partial performance rto emove an unwritten agreement from the statute of frauds, the part performance must be consistent only with the existence of the alleged oral contract.
Unlike Fed.R.Civ.P. 26(a)(2)(A), which requires automatic disclosure of an expert witness's report, N.D.R.Civ.P. 26(b)(4) requires that the opposing party specifically request disclosure of the facts and opinions to which the expert will testify and the grounds for each opinion.
The intent of the dissenting shareholder provisions in N.D.C.C. ch. 10-19.1 is to provide the fair value of shares to a dissenting shareholder as it existed immediately before the triggering event, and changes in economic circumstances occurring after the triggering event which affect the value of the shares are irrelevant.

Osaba v. N.D. Dept. of Transportation 2012 ND 36
Docket No.: 20110297
Filing Date: 2/17/2012
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Observations made by one officer may be communicated to a second officer who, after observing additional conduct, can combine the communicated observations with his own to establish probable cause for an arrest.

Frison v. Ohlhauser 2012 ND 35
Docket No.: 20110224
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The party seeking to modify custody has the burden of proving a material change in circumstances and modification is necessary to serve the best interests of the child.
If a district court finds no material change in circumstances, the court need not consider whether a change in primary residential responsibility is necessary to serve the child's best interests.

Langowski v. Altendorf 2012 ND 34
Docket No.: 20110184
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: When calculating a statute of limitations beginning date under N.D.R.Civ.P. 6(a), the date of injury accrual is excluded and the next day begins the countdown.
When calculating a statute of limitations ending date under N.D.R.Civ.P. 6(a), the last day of the period is included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
Service under N.D.R.Civ.P. 4(d)(2)(A)(v) is complete at the time of actual delivery or refusal of that delivery and not when a summons is placed in the mail.

Gadeco v. Industrial Commission et al. (consolidated w/20110140) 2012 ND 33
Docket No.: 20110131
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: The Industrial Commission's finding of fact must be sufficient to enable a reviewing court to understand the basis for its decision.

State v. Doll 2012 ND 32
Docket No.: 20110097
Filing Date: 2/17/2012
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: A severance motion must be renewed at the close of evidence to preserve an objection to a joinder.
A defendant's Sixth Amendment right to confront witnesses is not violated by the introduction of a codefendant's admissions incriminating the defendant when the codefendant testifies at trial.
The purpose of a sequestration order is to prevent one witness's testimony from influencing another.
A district court does not abuse its discretion by denying a motion for mistrial because of a possible sequestration order violation when the witness's testimony was not influenced by the violation.

Johnson v. Johnson 2012 ND 31
Docket No.: 20110213
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: The fugitive dismissal or disentitlement rule applies to civil cases involving child custody and authorizes dismissal of appeal when a connection exists between the litigant's fugitive status and the litigant's appeal, no alternative short of dismissal will render enforcement of the underlying judgment certain and remove the risk of prejudice to the fugitive's adversary, and the policy concerns underlying the fugitive dismissal rule are present.

Bendish v. Castillo, et al. 2012 ND 30
Docket No.: 20110122
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: A contract for deed may be cancelled by statutory cancellation under N.D.C.C. ch. 32-18, or by court action.
Cancellation of a contract for deed by action is an action in equity, and the district court must base its decision on equitable principles.
When a seller cancels a contract for deed by action, there is no statutory redemption period, and the matter of the redemption period is left to the district court's sound discretion.
The facts of each case must be examined in order to determine the propriety of a redemption period.

Estate of Wicklund 2012 ND 29
Docket No.: 20110081
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Highlight: A will and a revocable living trust may be considered together as a part of a decedent's estate plan.
In constructing an estate plan, courts construe the plan to carry out the intent of the settlors or the testators.
Under North Dakota law, a surviving spouse's right to an elective share, a homestead allowance, an exempt property allowance, and a family allowance is governed by the laws of the decedent's domicile at death.
A district court's findings of fact must be adequate to understand the basis for the court's decision.

Estate of Clemetson 2012 ND 28
Docket No.: 20110108
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: A prima facie case is established if the party bearing the burden of proof presents evidence strong enough, if uncontradicted, to support a finding in her favor.
Before a presumption arises, the party seeking to rely upon it must prove the requisite foundational facts by credible evidence.
Once the presumption arises that a missing will is revoked, the party seeking probate of a missing will must demonstrate, by a preponderance of the evidence, that the will existed at the time of the testator's death, that the will was fraudulently destroyed in the lifetime of the testator, or that other evidence shows the testator did not intend to revoke the missing will.

Johnson v. N.D. Workforce Safety and Insurance 2012 ND 27
Docket No.: 20110159
Filing Date: 2/17/2012
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: An administrative law judge may modify the specification of issues before an evidentiary hearing in an adjudicative proceeding before an administrative agency.

State v. Bruederle (consolidated w/20110180) 2012 ND 26
Docket No.: 20110179
Filing Date: 2/17/2012
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: District court orders and amended judgments revoking probation are summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Seibold v. Leverington 2012 ND 25
Docket No.: 20110152
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: The limitations for obtaining an evidentiary hearing on postjudgment modifications of primary residential responsibility do not apply to modifications of parenting time, and a parent moving for modification of parenting time is not required to establish a prima face case justifying modification.
A party is entitled to a hearing on a motion if the party complies with N.D.R.Ct. 3.2 and requests and schedules the hearing and provides notice to all other parties.

Horsted v. Horsted 2012 ND 24
Docket No.: 20110206
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court need not make separate findings for each best interests factor but must make findings sufficient to show its factual basis for awarding visitation and joint decisionmaking responsibility.
Evidence of domestic violence, as defined in N.D.C.C. 14-07.1-01, must be considered in determining whether joint decisionmaking responsibility is in the best interests of the child.
An order allocating joint decisionmaking responsibility must address a method of resolving disputes when parents disagree on a parenting issue.

State v. Bruederle 2012 ND 23
Docket No.: 20110245
Filing Date: 2/17/2012
Case Type: Appeal - Criminal - Misc. Felony
Author:

Highlight: Criminal judgment after a jury found a defendant guilty of terrorizing a woman and her mother is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

State v. Marsette (Cross-reference w/20110170) 2012 ND 22
Docket No.: 20110285
Filing Date: 2/17/2012
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Conviction of driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Myaer v. Nodak Mutual Insurance Co. 2012 ND 21
Docket No.: 20110153
Filing Date: 2/10/2012
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Technical words in a contract are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense.
Under an agency contract provision that an agent's interest in premiums to "accrue" on business secured is to cease on termination of employment, "accrue" means grow, increase, or augment, and does not apply to the unpaid portion of a premium on a policy in force at the time the contract was terminated.
Parol evidence cannot vary or contradict the terms of a complete, written contract adopted as a definite expression of the parties' agreement.
An employee's retention of employment with knowledge of changed conditions from the original employment contract constitutes acceptance of the employer's offer of a unilateral contract.

McKenzie Co. v. Reichman (Cross-reference w/20100255) 2012 ND 20
Docket No.: 20110037
Filing Date: 1/24/2012
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A party claiming a road by prescription must establish by clear and convincing evidence the general, continuous, uninterrupted, and adverse use of the road by the public under a claim of right for 20 years.
The 20-year period for measuring a prescriptive use begins when a burden is placed on the land and relates back to the inception of the adverse use.
The expenditure of public funds for construction and maintenance of a road is evidence of an adverse use.
Gates across roads are indicative of permissive use, but gates for working livestock which do not deny access or interfere with public traffic do not mandate a permissive use.
The width of a prescriptive easement for a road is not limited to that portion of the road actually traveled, and it may include the shoulders and ditches that are needed and have actually been used to support and maintain the traveled portion of the road during the prescriptive period.

Judicial Conduct Commission v. Hagar (consol. w/ 20110378 - 380) 2012 ND 19
Docket No.: 20110331
Filing Date: 1/18/2012
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: District judge censured.

Koenig v. N.D. Dept. of Transportation 2012 ND 18
Docket No.: 20110249
Filing Date: 1/18/2012
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: An individual arrested for driving under the influence has the right to obtain an independent blood or chemical test, and this right is generally considered the right to be free from police interference in obtaining the test through his or her own efforts and expense.
Whether law enforcement officers have denied an individual the right to an independent test is considered under the totality of the circumstances.

Interest of G.K.S. (CONFIDENTIAL) 2012 ND 17
Docket No.: 20110367
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Mental Health
Author: Crothers, Daniel John

Highlight: Appeal from vacated order for involuntary commitment is dismissed as moot.

Estate of Hollingsworth 2012 ND 16
Docket No.: 20110141
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Sandstrom, Dale

Highlight: In an unsupervised probate, an order or judgment determining some, but not all, of one person's claims or disputes in an estate is not appealable without a N.D.R.Civ.P. 54(b) certification.

Thompson v. Thompson 2012 ND 15
Docket No.: 20110215
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: When there is a motion to modify primary residential responsibility, claims that the parties' actual residential responsibility arrangement is substantially different from the arrangement contemplated in the prior order establishing residential responsibility may be sufficient to establish a prima facie case justifying modification.

Holkesvig v. Welte(Consol. w/20110103 & 20110104)(Cross-ref. w/20100315-2010317) 2012 ND 14
Docket No.: 20110102
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: A district court may impose a remedial sanction for contempt only after notice and hearing.

American Family Insurance, et al. v. Waupaca Elevator Co. 2012 ND 13
Docket No.: 20110198
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: When calculating a statute of limitations beginning date under N.D.R.Civ.P. 6(a), the date of injury accrual is excluded, and the next day begins the countdown.
When calculating a statute of limitations ending date under N.D.R.Civ.P. 6(a), the last day of the period is included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
A party may begin a lawsuit as late as the end of the last day of the statute of limitations period.
Under N.D.C.C. 28-01-38, it is proper for a party to deliver its summons and complaint, with the intent it shall be actually served, to the sheriff, "if the defendant is a corporation, of the county in which was situated the principal place of business of such corporation, or in which its general business was transacted, or in which it kept an office for the transaction of business."

Interest of W.J.C.A. (Confidential) 2012 ND 12
Docket No.: 20110361
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Mental Health
Author: Kapsner, Carol

Highlight: A medical expert must often rely on second-hand information unless it is demonstrably unreliable, and testimony regarding staff reports and personal observations is proper to establish the basis of a medical opinion.
District courts may properly rely on testimony that is not based solely on the allegations in a petition for involuntary commitment but which has been confirmed through independent sources.

State v. Pena Garcia 2012 ND 11
Docket No.: 20110090
Filing Date: 1/12/2012
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: A reviewing court will not reverse a criminal conviction based on a claim that the prosecutor engaged in misconduct if any prejudice from alleged misconduct was cured.

State v. Evans (consolidated w/20110199) (cross reference w/20110200) 2012 ND 10
Docket No.: 20110086
Filing Date: 1/12/2012
Case Type: Appeal - Criminal - Theft
Author: VandeWalle, Gerald

Highlight: Untimely filing of a notice of appeal is grounds for dismissal of the appeal.
Timely filing is mandatory and jurisdictional, and cannot be waived.

State v. Hayes (consolidated w/20110099-20110101) 2012 ND 9
Docket No.: 20110098
Filing Date: 1/12/2012
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: A defendant who places her name on the deed of a residence, pays the taxes, and has used the residence as her own has standing to contest a warrantless search of the residence.
An accused released on pretrial bail enjoys a presumption of innocence.
Conditions of pretrial release imposed under N.D.R.Crim.P. 46(a)(2)(M) require an explicit finding of their appropriateness by a neutral and detached magistrate.

Matter of Bartole 2012 ND 8
Docket No.: 20110243
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author:

Highlight: Order civilly committing a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. DeFries 2012 ND 7
Docket No.: 20110214
Filing Date: 1/12/2012
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Judgment revoking probation and amending criminal judgment and commitment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Swearingen 2012 ND 6
Docket No.: 20110227
Filing Date: 1/12/2012
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Judgment finding defendant guilty of gross sexual imposition is affirmed under N.D.R.App.P. 35.1(a)(3).

Harris v. WSI 2012 ND 5
Docket No.: 20110244
Filing Date: 1/12/2012
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming an order of Workforce Safety and Insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (5).

Lenton v. Lenton 2012 ND 4
Docket No.: 20110192
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Mosbrucker v. State 2012 ND 3
Docket No.: 20110219
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Milliron v. State 2012 ND 2
Docket No.: 20110223
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order summarily denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4) and (7).

Lindteigen, et al. v. Harris 2012 ND 1
Docket No.: 20110222
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Civil judgment denying a defendant's counterclaim for money and the return of property and awarding attorney's fees and costs to the plaintiffs on the basis that the defendant made frivolous claims is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

State v. Mittleider (Consolidated w/20110204) 2011 ND 242
Docket No.: 20110203
Filing Date: 12/22/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: An affirmative defense to a strict liability offense will apply only in rare circumstances.
Law enforcement officers with legitimate business may enter certain areas surrounding a home where persons may have a reasonable expectation of privacy but which are impliedly open to the public.
The Fourth Amendment to the United States Constitution and Article I, Section 8 of the North Dakota Constitution are implicated if a reasonable expectation of privacy is invaded.

Disciplinary Board v. Kellington 2011 ND 241
Docket No.: 20110261
Filing Date: 12/20/2011
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer discipline ordered.

Richard v. Washburn Public Schools 2011 ND 240
Docket No.: 20110045
Filing Date: 12/15/2011
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: In a tort action by an employee to recover damages for a work-related injury, the employer has the burden of establishing by a preponderance of the evidence the defense that the employer is immune from suit under the exclusive remedy provisions of the workers compensation act.
North Dakota does not allow compensation for what are known within the parlance of workers compensation law as "mental-mental" injuries.
The North Dakota Human Rights Act does not preclude the filing of a claim in district court for damages based on sexual harassment.

Van Berkom, et al. v. Cordonnier, et al. 2011 ND 239
Docket No.: 20110085
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: Clear and convincing evidence is necessary to reform a deed, and there is a presumption an instrument correctly expresses the intention of the parties.
To preserve an alleged error regarding the admission of evidence for review, a substantial right of the complaining party must be affected, and an objection stating the specific ground for the objection must be made.

State v. Schmidt 2011 ND 238
Docket No.: 20110082
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Entrapment is an affirmative defense.
A law enforcement agent perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, the law enforcement agent induces or encourages and, as a direct result, causes another person to engage in conduct constituting such a crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
In reviewing a challenge to a factual conclusion that entrapment did not occur, this Court does not weigh conflicting evidence, nor judge the credibility of witnesses; instead, the Court looks only to the evidence and its reasonable inferences most favorable to the verdict to see if substantial evidence exists to warrant a conviction.

State v. Humann 2011 ND 237
Docket No.: 20110185
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Under N.D.C.C. 12.1-32-15(2)(a), the district court must require felonious sexual offenders to register unless the offender was guilty of specified juvenile offenses.

State v. Aguilar (Consolidated w/ 20110124 - 20110126) 2011 ND 236
Docket No.: 20110123
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A sniff by a drug detection dog is not a Fourth Amendment search.
A defendant who was lawfully arrested for a traffic violation was not illegally seized during a sniff of the exterior of his vehicle.
A defendant who was not detained was not subject to a Fourth Amendment seizure.

Engstrom v. N.D. Dep't. of Transportation 2011 ND 235
Docket No.: 20110166
Filing Date: 12/13/2011
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Observations of bloodshot eyes and slurred speech, along with a police officer's inferences and deductions which may elude a layperson, are sufficient for establishing reasonable and articulable suspicion.
An individual's own words and failing performance of field sobriety tests are relevant factors in determining probable cause for an arrest, but a failing result on a field sobriety test is not required to establish probable cause.

State v. Jones 2011 ND 234
Docket No.: 20110128
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: The purposes a lawyer can serve and the assistance he or she can provide at the particular stage of the proceedings in question are relevant in determining the type of warnings and procedures required before a waiver of the right to counsel will be recognized.
A swift change of heart after a guilty plea is not necessarily grounds to permit withdrawal of the plea.
Some degree of mental disorder does not necessarily establish a defendant is incompetent or that his or her plea is not voluntary and knowing.

State v. Trevino 2011 ND 232
Docket No.: 20100416
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Maring, Mary

Highlight: Rule 11(a)(2), N.D.R.Crim.P., permits a defendant to enter a conditional guilty plea, reserving in writing the right to appeal an adverse determination of specified pretrial motions, including motions in limine.
The lack of a writing under Rule 11(a)(2) may be excused when the transcript is clear that defendant's plea was conditional, the government consented to the conditional plea, and the district court approved the conditional plea.
A person is guilty of reckless driving if the person drives a vehicle either "recklessly" in disregard of the rights or safety of others; or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the property of another.
A person engages in conduct "recklessly" if the person engages in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct.

Matter of J.T.N. (CONFIDENTIAL) 2011 ND 231
Docket No.: 20110067
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: A finder of fact need not believe the greater number of witnesses.
Claims that the district court improperly relied on the opinion of one expert instead of another challenge the weight the evidence was assigned, not the sufficiency of the evidence.
Because evaluation of credibility is solely a trial court function, this Court will not reweigh expert testimony.
To determine whether an individual is likely to engage in further acts of sexually predatory conduct and has serious difficulty in controlling behavior, experts and courts may consider all relevant evidence.

Jund, et al. v. Johnnie B's Bar & Grill, Inc., et al. 2011 ND 230
Docket No.: 20110115
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: An insured's total compensatory damages, not the insured's underinsured motorist coverage limit, is the starting point for reducing any amount paid or payable to the insured for Workforce Safety and Insurance benefits.