Myer v. Rygg
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| 20000257 |
Carmen Myer and Beth Myer,
parents of Patrick J. Myer,
deceased, Plaintiffs and Appellants
v.
Charles O. Rygg, Defendant and Appellee
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Bruce E. Bohlman |
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Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
04/2001 Argument: 04/17/2001 10:45am
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| ND cite: |
2001 ND 123
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| NW cite: |
630 N.W.2d 62
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| Issues: |
Appellant's Statement of the Issues:
Whether the District Court erred in allowing the investigating police officer to testify as an expert witness for the defense, when never disclosed as such during the discovery process, regarding an ultimate issue of opinion.
Appellee's Statement of the Issues:
I. Whether the trial court committed reversible error in allowing the investigating officer, Greg LaHaise, to testify that excessive speed on the part of the deceased was a contributing factor to the accident.
II. Whether any such error, if any, is merely harmless error.
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| 1 | | 09/07/2000 | |
NOTICE OF APPEAL: 09/05/2000 |
| 2 | | 09/15/2000 | |
ORDER FOR TRANSCRIPT: 09/14/2000 |
| 3 | | 10/04/2000 | |
MOT. EXT/TIME TRANSCRIPT |
| 4 | | 10/04/2000 | |
ACTION BY TRIAL COURT. Granted: 12/13/2000 |
| 5 | | 12/12/2000 | |
FAXED MOT. EXT/TIME TRANSCRIPT (Nancy Krogstad, Ct. Reporter) |
| 6 | | 12/12/2000 | |
ACTION BY CLERK (MTR). Granted: 01/12/2001 |
| 7 | | 01/12/2001 | |
TRANSCRIPT DATED MAY 8, 9, 10, 11, 2000 |
| 8 | | 01/16/2001 | |
DISK - TRA OF MAY 8,9,10,11, 2000 |
| 9 | | 01/16/2001 | |
RECORD ON APPEAL including depositions (2), not forwarded with the record were entries #46 |
| 10 | | 01/16/2001 | |
(Affidavit of Personal Service), 59 (Pltf. Ex #14 Poster Board Diagram), 61 (Pltf. Ex 15 Poster |
| 11 | | 01/16/2001 | |
Board Pictures), 62 (Pltf. Ex 16 Poster Board Pictures), 63 (Pltf. Ex 17 Poster Board Pictures) |
| 12 | | 01/16/2001 | |
#64 (Pltf. Ex 18 Poster Board Diagram), 68a (Deft Ex 31 Poster Board Diagram), 69 (Deft Ex 31-D |
| 13 | | 01/16/2001 | |
Poster Board Diagram), 70 (Deft Ex 33 Poster Board Diagram), 75 (Deft Ex 34-F Medium Poster Board |
| 14 | | 01/16/2001 | |
Photo), 76 (Deft Ex 34-G Medium Poster Board Photo), 77 (Deft Ex 34-H Medium Poster Board Photo), |
| 15 | | 01/16/2001 | |
79 (Deft Ex 36 Poster Board Aerial Photo), 98 (Deft Ex 63 Yardstick) |
| 16 | | 02/20/2001 | |
APPELLANT BRIEF |
| 17 | | 02/20/2001 | |
APPELLANT APPENDIX |
| 18 | | 02/21/2001 | |
DISK - atb |
| 19 | | 03/02/2001 | |
Blue cover for ATB |
| 20 | | 03/23/2001 | |
APPELLEE BRIEF |
| 21 | | 04/23/2001 | |
w/attached addendum |
| 22 | | 03/30/2001 | |
Consent to Representation by a Student Practitioner (Erin Diaz to appear on behalf of Carmen & Beth |
| 23 | | 03/30/2001 | |
Myer & to appear for oral argument) |
| 24 | | 04/02/2001 | |
Supplemental Clerk's Certificate dated 3-30-01 (Entry Nos. 69, 70, 75, 76, & 79 -- Exhibits) |
| 25 | | 04/17/2001 | |
APPEARANCES: Erin M. Diaz, third year law student appearing under the rules on the limited practice |
| 26 | | 04/17/2001 | |
of law by law students, James D. Hovey; Patrick R. Morley |
| 27 | | 04/17/2001 | |
ARGUED: Diaz; Morley (Vol. X; page 124) |
| 28 | | 04/17/2001 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 07/10/2001 | |
DISPOSITION: AFFIRMED |
| 30 | | 07/10/2001 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 31 | | 07/10/2001 | |
Costs on appeal taxed in favor of appellee |
| 32 | | 07/11/2001 | |
Order/Judgment Mailed to Parties |
| 33 | | 08/03/2001 | |
MANDATE |
| 34 | | 09/06/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 35 | | 07/01/2007 | |
EXPUNGED - Nonpermanent record items destroyed |