D.E.M. v. Allickson - Civil No. 960054 Estoppel results from an insurer's stated reliance upon one ground for denying liability without stating additional known grounds, when there is resulting prejudice to the claimant. Reasonableness of a settlement is a question of fact.
Johansen v. Anderson - Civil No. 960094 Employer owes employee a nondelegatable duty to exercise ordinary care to furnish the employee with a reasonably safe workplace and tools. Liability cannot be based on negligent failure to inspect when there is no showing a reasonable inspection would have revealed a problem. Affidavit that modication was 'deficient' was sufficient to raise fact question as to negligent modification.
Kaiser v. Kaiser - Civil No. 960013 In divorce case, valuation of oil company stock and distribution of property were not clearly erroneous.
November 14, 1996
In the Interest of R.M. - Civil No. 960314 The trial court's finding that without continuing treatment there is a substantial likelihood the respondent's mental health will deteriorate and result in the respondent being a danger to himself or others was not clearly erroneous. Because a psychiatrist recommended placement in an environment less restrictive than the State Hospital, the case was remanded for further proceedings to consider the appropriateness of alternative treatment.
November 13, 1996
Commonwealth Land Title v. Pugh - Civil No. 960027 The trial court did not abuse its discretion in allowing voluntary dismissal of the plaintiff's foreclosure action under Rule 41(a)(2), N.D.R.Civ.P., where the defendant's counterclaim could be independently adjudicated. The trial court did not abuse its discretion in dismissing the defendant's counterclaim on the ground of forum non conveniens.
Endersbe v. Endersbe - Civil No. 960122 An unconditional prison sentence of twenty hours for contempt is a punitive sanction that cannot be imposed without following the procedures for criminal contempt in Section 27-10-01.3(b), N.D.C.C.
First American Bank West v. Berdahl - Civil No. 960047 Under Section 34-02-11, N.D.C.C., absent a contrary agreement, everything an employee acquires by virtue of his or her employment, except compensation from the employer, belongs to the employer.
Johnson v. Birnbaum - Civil No. 960130 For purposes of Rule 60(b)(iv), N.D.R.Civ.P., a judgment is void only if the court lacked subject matter jurisdiction over the action or personal jurisdiction over the parties. A default judgment for damages entered on improper legal grounds was not void.
Lucier v. N.D. Workers Compensation Bureau - Civil No. 960082 The Workers Compensation Bureau's finding that the claimant had a reasonable opportunity for substantial gainful employment was supported by a preponderance of the evidence. The 'average weekly earnings at the time of injury' under Section 65-05.1-01(3), N.D.C.C., do not include employer-paid health insurance premiums.
Peterson v. Peterson - Civil No. 960124 The trial court did not abuse its discretion in vacating a default divorce decree based upon a stipulation the defendant agreed to as a result of duress and misrepresentation. The award of child support was clearly erroneous because the court neither followed the Child Support Guidelines nor made findings to justify the deviation from the presumptively correct amount under the guidelines.
Praska v. State - Civil No. 960166 Dismissal of second post-conviction relief petition summarily affirmed under N.D.R.App.P 35.1.
State v. Asbridge - Criminal No. 950413 In a prosecution for driving under the influence of alcohol, the state toxicologist's individualized certificate, which incorporated information contained in the attached Form and Analytical Report, satisfied the foundational requirements for admission of the defendant's blood-test result under Section 39-20-07(5), N.D.C.C. The trial court did not abuse its discretion in refusing to grant a mistrial when the arresting officer testified he informed the defendant of his Miranda rights and the defendant asked to call an attorney. The trial court did not abuse its discretion in refusing to admit the state toxicologist's deposition testimony in another criminal case as the statement of a party opponent's agent or servant under Rule 801(d)(2), N.D.R.Ev.
State v. Huber - Criminal No. 960099 Actual physical control is a lesser included offense of driving under the influence. An instruction which permitted the jury to convict the defendant of DUI even if it found the defendant had only committed the lesser included offense of APC was reversible error.
State ex rel. v. Family Life Services - Civil No. 960225 Petition for supervision of trial court dismissed because of insufficiently developed factual record.
T.S. v. J.L. - Civil No. 960151 Child support order summarily affirmed under N.D.R.App.P. 35.1.
Ternes v. Ternes - Civil No. 960121 Where there is clear evidence of domestic violence triggering a presumption against an award of custody under Section 14-09-06.2(1)(j), N.D.C.C., the trial court must address the issue even if not raised by the parties. However, when the evidence does not facially demonstrate a clear showing of domestic violence, the party claiming the presumption must raise the issue in the trial court.