Gepner v. Fujicolor Processing, Inc.
and Donald Kroll, Plaintiffs and Appellants
v.
Fujicolor Processing, Inc.
of Sioux Falls, South
Dakota, U.S.A., and Fuji
Photo Film U.S.A., Inc.,
principle consolidated
subsidiaries of Fuji
Photo Film Co., Ltd. of
Tokyo, Japan, Defendants and Appellees
Judge Frank L. Racek
| Appellant: | Stefanson, Plambeck & Foss | |
| Appellee: | Maring Williams Law Office |
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
A. Whether the District Court Erred in Vacating the Default Judgment Entered Against Appellee Fujicolor Processing, Inc.?
B. Whether an Uninsured Employer May Contest Decisions of the North Dakota Workers Compensation Bureau Under N.D.C.C 65-09-02, as amended in 1995?
C. Whether There Was Sufficient Evidence to Rebut the Prima Facie Case Established by Appellant Lynetta K. Gepner of Wrongful Termination in Retaliation for Asserting a Workers Compensation Claim?
D. Whether the Loss of Consortium Claim Should Have Been Denied?
Appellee's Statement of the Issues:
I. The trial court did not abuse its discretion in vacating the default judgment under Rule 60(b).
of the North Dakota Rules of Civil Procedure.
II. The trial court did not abuse its discretion ordering Gepner to undergo physical and mental examinations pursuant to Rule 35 of the North Dakota Rules of Civil Procedure.
III. The trial court did not abuse its discretion in the admission of testimony from Dr. Phipps-Yonas, Dr. Fisher and Royal Jorgenson.
IV.Gepner's termination was appropriate under the circumstances.
V. The trial court properly instructed the jury in this case.
VI. The trial court correctly denied the Plaintiffs' Motion for Directed Verdict.
Add Docket 20010022 RSS