Hamilton v. Oppen
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| 20020045 |
Charles Hamilton, Plaintiff and Appellant
v.
Robert Oppen, Defendant and Appellee
and
Navistar, Defendant
|
| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Gary A. Holum |
|
Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
09/2002 Argument: 09/09/2002 09:30am
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| ND cite: |
2002 ND 185
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| NW cite: |
653 N.W.2d 678
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Whether a new trial should be granted because there was a quotient verdict the jurors having been induced to assent to a verdict on the question submitted to the jurors by the court by a resort to the determination of chance.
2. Whether the Plaintiff's expert (Mr. Paul Gogulski) on safety who was not allowed to testify, should have been allowed to testify.
3. That the pictures of the injured leg should have been allowed in as evidence.
4. That the facts do not support the findings of the jury and a new trial should be granted.
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| 1 | | 02/11/2002 | |
NOTICE OF APPEAL: 02/08/2002 |
| 2 | | 02/11/2002 | |
ORDER FOR TRANSCRIPT (Laurel Marsh): 02/08/2002 |
| 3 | | 02/19/2002 | |
RETENTION OF RECORD ON APPEAL & Acknowledgment of Order for Transcript: 03/30/2002 |
| 4 | | 04/01/2002 | |
Ltr. from Ct. Rptr. re record |
| 5 | | 03/29/2002 | |
TRANSCRIPT DATED APRIL 16-20, 2001 (4 VOLUMES) |
| 6 | | 04/01/2002 | |
DISK (2) (tra -- April 16-20, 2001) |
| 7 | | 04/01/2002 | |
RECORD ON APPEAL including exhibits. Not received with the record were Nos. 70 thru 75; Entries |
| 8 | | 04/01/2002 | |
No. 80 thru 84; 89, 91, and 108 thru 112 |
| 9 | | 05/07/2002 | |
APPELLANT BRIEF |
| 10 | | 05/07/2002 | |
APPELLANT APPENDIX |
| 11 | | 05/10/2002 | |
Corrected covers for ATB & ATA & two Affidavits of Service by Mail |
| 12 | | 05/10/2002 | |
DISK -ATB |
| 13 | | 06/05/2002 | |
APPELLEE BRIEF (Robert Oppen) |
| 14 | | 06/05/2002 | |
APPELLEE APPENDIX |
| 15 | | 06/06/2002 | |
DISK - AEB |
| 16 | | 09/09/2002 | |
APPEARANCES: Michael Ward; Lyle W. Kirmis |
| 17 | | 09/09/2002 | |
ARGUED: Ward; Kirmis (Vol. Y; Page 23) |
| 18 | | 09/09/2002 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 12/04/2002 | |
DISPOSITION: AFFIRMED |
| 20 | | 12/04/2002 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 21 | | 12/04/2002 | |
Concurring in result: Maring, Mary Muehlen: CON/RES |
| 22 | | 12/04/2002 | |
Concurring in result: VandeWalle, Gerald W.: CON/RES |
| 23 | | 12/04/2002 | |
Join in VandeWalle's concurring in the result: Maring, Mary Muehlen: JN/CON |
| 24 | | 12/04/2002 | |
Costs on appeal taxed in favor of the Appellee, Oppen |
| 25 | | 12/05/2002 | |
Order/Judgment Mailed to Parties |
| 26 | | 12/27/2002 | |
MANDATE |
| 27 | | 01/02/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 28 | | 07/08/2008 | |
EXPUNGED - Nonpermanent record items destroyed |