Coleman v. N.D. Workers Compensation Bureau , 1997 ND 168 - Civil No. 970079 NDCC §§ 65-05-12 and 65-01-02 adopted the edition of the AMA's Guides to the Evaluation of Permanent Impairment in existence at the time of their enactment.
Stanley v. Turtle Mountain Gas & Oil, Inc. , 1997 ND 169 - Civil No. 970047 In a premises liability action based upon negligence, the trial court did not err in granting summary judgment as the prior owners of the property did not owe a duty of care to the firemen who were injured on the property after the prior owners had sold their interest and relinquished control of the property.
August 13, 1997
Dickson v. Dickson , 1997 ND 167 - Civil No. 960237 Absent a definition provided by the trial court, a judge's award of "joint legal custody" is meaningless under North Dakota law.
August 11, 1997
Blessum v. Shelver , 1997 ND 152 - Civil No. 960345 Counsel should not make derogatory remarks about opposing counsel. To preserve an objection to improper remarks, a party should object at the time they are made and should ask for a curative instruction.
Dean v. N.D. Workers Compensation Bureau , 1997 ND 165 - Civil No. 970052 Workers Compensation Bureau could reasonably have reached its factual conclusion that an applicant for benefits intentionally made material false statements in connection with her claim.
Fronteer Directory Co., Inc. v. Maley , 1997 ND 162 - Civil No. 970026 A judgment awarding the appellee the outstanding balance due on a promissory note was reversed and the case remanded to the trial court for preparation of the findings necessary to resolve the appellant's counterclaim for tortious interference with an unwritten employment contract.
Hallock, f/k/a Mickels v. Mickels , 1997 ND 156 - Civil No. 970039 An obligor is entitled to suspend child support payments when the child drops out of school prior to the end of the school year and turns eighteen during the subsequent summer months. Support ends when the child turns eighteen and does not begin again until the child fulfills the requirements of N.D.C.C. § 14-09-08.2.
Longtine v. Yeado , 1997 ND 166 - Civil No. 970022 In setting an obligor's child support obligation, the child support guidelines authorize a trial court to consider one-time occurrences such as an obligor's capital gains from the involuntary conversion of a home and profits from an auction sale.
Martin v. Martin , 1997 ND 157 - Civil No. 970008 A will provision directing certain land be leased was mandatory, not precatory, and was not defeated by previous words of "desire" that the land be leased.
McCollum v. N.D. Workers Compensation Bureau , 1997 ND 163 - Civil No. 970058 N.D.C.C. §§ 65-05-12 and 65-01-02 adopted the edition of the AMA's Guides to the Evaluation of Permanent Impairment in existence at the time of their enactment.
McDaniel v. N.D. Workers Compensation Bureau , 1997 ND 154 - Civil No. 960383 Workers Compensation Bureau must prove firefighting was not a substantial contributing factor to a firefighter's occupational cancer before it can overcome the statutory presumption that the cancer was work related. When denying a claim, the Bureau must adequately explain why it disregards expert medical evidence favorable to the injured worker.
Pechtl v. Conoco, Inc. , 1997 ND 161 - Civil No. 970051 An employer that does not retain control of the method, manner, and operative details of the work of its independent contractor does not owe a duty to the independent contractor's employees under Restatement (Second) of Torts § 414.
State v. Gagnon , 1997 ND 153 - Criminal No. 960170 A defendant is entitled to a jury instruction on a legal defense if there is evidence to support it. A trial court must instruct the jury on negligent homicide when the defendant asserts he acted in self-defense, a self-defense instruction is supported by the evidence, and a manslaughter instruction is given and supported by the evidence. The trial court's self-defense instruction should have informed the jury the defendant's use of force in self-defense was justified if he correctly believed the force he used was necessary to prevent imminent unlawful bodily injury.
State v. Herrick , 1997 ND 155 - Criminal No. 970019 Trial court's order denying defendant's suppression motion is reversed and remanded. "No-knock" search warrant was issued merely because drugs might be present, in violation of Richards v. Wisconsin, 117 S.Ct. 1416 (1997). Remanded for consideration of whether the good-faith exception to the exclusionary rule should be applied.
State v. Sisson , 1997 ND 158 - Criminal No. 960357 Authorization of public funds for expert assistance for an indigent defendant at sentencing lies within the discretion of the trial court. A defendant seeking expert assistance at sentencing must show a particularized need for the assistance. A defendant who pleads guilty may not argue at sentencing that he actually committed, and should be sentenced for, a lesser crime. A plea of guilty waives all nonjurisdictional defects and defenses, admits all facts of the crime, and is itself a conviction.
Theige v. N.D. Workers Compensation Bureau , 1997 ND 160 - Civil No. 970087 The Bureau's finding of fact that the claimant had refused to participate in and obstructed medical treatment by failing to exert maximum effort on functional capacity evaluations was supported by a preponderance of the evidence.
Torstenson v. Moore , 1997 ND 159 - Civil No. 970093 Courts must review an agency's factual findings only on the evidentiary record of testimony and exhibits. A finding of fact by an agency's hearing officer that a street was wide enough so the driver did not have to cross the center line to avoid parked cars was supported by a preponderance of the evidence.
Walbert v. Walbert , 1997 ND 164 - Civil No. 960386 Although prisoners have diminished constitutional protections, they maintain a due process right to reasonable access to the courts. The trial court abused its discretion in denying a prison inmate's request to appear at a divorce hearing by telephone. Absent an abuse of discretion, a trial court's determination on a petition for a change of name will not be reversed.