Bouchard v. Johnson, d/b/a Frost Fire Mountain Ski Resort - Civil No. 960087 The North Dakota Skiing Responsibility Act, Ch. 53-09, N.D.C.C., does not provide an exclusive list of duties for operators of skiing facilities and does not violate the special laws or open courts provisions of the North Dakota Constitution or its equal protection or due process clauses.
Belden, et al. v. Hableton, et al. - Civil No. 960088 The trial court's sua sponte order joining a party as a defendant is not an appealable order. The Supreme Court exercised its supervisory jurisdiction and directed the trial court to dismiss a joined party that was not needed to adjudicate the plaintiff's claim under Rule 19, N.D.R.Civ.P.
In the Interest of A.V., a Child - Civil No. 960075 In a child deprivation proceeding, the petitioner must prove that a child's injury was caused either directly by, or through the actions of, a parent or parental substitute.
In the Interest of R.A.J. - Civil No. 960288 A forced medication order may conditionally authorize more than one combination of medicines depending upon a later refusal by the patient to take the least restrictive combination of medication. When uncontradicted expert testimony shows the only appropriate treatment combines two types of medicine and the patient only consents to one of them, the patient has refused treatment.
In the Matter of the Estate of Opatz - Civil No. 960109 Under Section 30.1-10-01(4)(a), N.D.C.C., the right to renounce property is barred only by an encumbrance against the property created by the disclaimant, not a third-party. Neither a judgment lien, nor service of a garnishment summons against a devisee created encumbrances which barred the devisee's right to renounce her interest in the devised property.
Kraft v. Kraft - Civil No. 960085 In acting on a noncustodial parent's motion for a change of child custody because of domestic violence in the custodial parent's household, the trial court must analyze whether the statutory presumption against placing custody with a parent who has been violent in the past, but not recently, is overcome by evidence of ongoing violence in the custodial parent's present household.
Siewert v. N.D. Workers Comp. Bureau - Civil No. 960074 The Bureau's finding the claimant was not injured in a work-related accident was not supported by the greater weight of the evidence. A reasonable person could not conclude the employee was not injured in a work-related fall, even though there was evidence the worker may have faked some injury. The Bureau cannot take a full adversary position against claimants, but must consider the entire record, clarify inconsistencies, and adequately explain its reasons for disregarding medical evidence favorable to the worker.
State v. Gahner - Criminal No. 960136 The officer did not make a "stop" by approaching a parked car. When the officer smelled alcohol and saw the defendant's bloodshot eyes, the officer had reasonable and articulable suspicion of criminal conduct which justified an investigative stop.
State v. Shepherd - Criminal No. 960066 The trial court did not abuse its discretion in requiring, as a condition of probation, that the defendant complete a sex offender treatment program reasonably related to the crime committed.
October 3, 1996
In the Interest of F.N.D., A Child - Civil No. 960050 The juvenile court did not err in prohibiting a woman and her four-year-old daughter from having contact with the mother of the woman's ex-boyfriend, where the ex-boyfriend had been charged with sexually abusing the child and the ex-boyfriend's mother had been the child's day care provider.
October 1, 1996
American Ins. Co. v. Midwest Motor Express - Civil No. 950411 Retrospective premium adjustments made annually by an insurer under the terms of a workers compensation insurance policy did not create a "mutual open, and current account" between the insurer and insured within the meaning of Section 28-01-37, N.D.C.C., for purposes of determining when an action accrues to start the running of the statute of limitations.
Baldock v. N.D. Workers Comp, et al. - Civil No. 960062 The rational basis standard of review applies to an equal protection challenge to the statutory scheme for rehabilitation benefits under the workers compensation law. A workers compensation statute limiting rehabilitation retraining to the goal of returning an injured worker to a job paying at least seventy-five percent of the state average weekly wage did not violate equal protection rights of workers whose pre-injury earnings exceeded the statute's wage goal.
Dean v. N.D. Workers Comp. - Civil No. 960098 In an appeal from an administrative agency decision, "boilerplate" specifications of error do not comply with the specificity requirements of Section 28-32-15(4), N.D.C.C. Applying that holding prospectively, the Supreme Court remanded to the district court to consider the appeal on its merits.
In the Matter of Estate of Hugh Murphy - Civil No. 960036 Absent a novation or consent by the payee, the partial assignment of an obligation by the deceased does not reduce the obligation of the deceased's estate to the payee. The trial court did not abuse its discretion in refusing to join a party who was neither indispensable nor necessary to the action, and any error in the timing of the court's ruling was harmless. An award of attorney's fees must be authorized by contract or statute.
Pear v. Grand Forks Motel Associates - Civil No. 960048 The parol evidence rule precluded consideration of oral negotiations to show that loans by the partners were actually contributions of capital, where the written partnership agreements and promissory notes from the partnership to partners were clear and unambiguous. A debtor who signs a renewal note indicating he owes a past debt waives any statute of limitations defense he may have had and the statute begins to run anew from the date of the renewal note.
Ridl, et al. v. EP Operating Ltd. - Civil No. 960032 An oil and gas lessee did not lose its interest in a 1973 lease when it failed to respond within 20 days of the lessor's notice, under Section 47-16-36, N.D.C.C., of termination of the lease. The trial court properly ruled the lessor had not made an appropriate demand that the implied covenant of further development be complied with within a reasonable time.
State v. Erbele - Criminal No. 960102 In a prosecution for actual physical control of a motor vehicle, the trial court erred in suppressing as evidence ignition keys found during a consent search of the vehicle after the defendant was lawfully arrested for driving while under the influence.
State v. Larson - Criminal No. 960003 A defendant is entitled to an instruction on a lesser-included offense only if there is evidence to create a reasonable doubt about the greater offense and to support a conviction of the lesser offense beyond a reasonable doubt. A defendant charged with assault of a peace officer was not entitled to an instruction on the lessor-included offense of simple assault where there was no evidence to create a reasonable doubt that the officers were acting in an official capacity.
Vetter v. N.D. Workers Comp., et al. - Civil No. 960084 Any party filing specifications of error in an appeal from an administrative agency decision must comply with Section 28-32-15(4), N.D.C.C., by identifying what matters are truly at issue with sufficient specificity to fairly apprise the agency, other parties, and the court of the particular errors claimed.