North Dakota Imputed Fault Law

Mary Wollan v. Innovis Health, LLC, dba Essentia Health West

<h2> Fargo, North Dakota personal injury medical malpractice lawyers represented the Plaintiff. </h2> This is a medical malpractice action arising out of the care and treatment of Michael Wollan in September 2017. Michael Wollan was admitted to Essentia on September 21 and died on September 23, 2017. Wollan commenced this action against Essentia alleging claims of medical neg... More...

$500657 (08-28-2024 - ND)

Amanda Wilson v. Cahoon Enterprises, LLC and Hayden Scott Parks

Fargo, North Dakota personal injury lawyer represented the Plaintiff who sued on auto negligence theories. North Dakota is a modified comparative negligence state It allocates fault to all parties involved, thus reducing how much each party can recover from the car accident. Since North Dakota is a modified comparative negligence state, drivers can claim damages so long as they were only ... More...

$0 (03-25-2024 - ND)

Antonina Walden v. Hashi Shire, et al.

Fargo, North Dakota personal injury truck wreck lawyers represented the Plaintiffs who sued on auto negligence theories. This case was filed in the Morton County Court, and was removed to federal court by the Defendants. North Dakota is a modified comparative negligence state It allocates fault to all parties involved, thus reducing how much each party can recover from the car a... More...

$1 (02-15-2024 - ND)

Joshua Ketterling v. Brian Braaten

Fargo, North Dakota personal injury lawyer represented Plaintiff who sued Defendant on a negligence theory. "North Dakota personal injury law is a set of rules that govern the liability of individuals and businesses for injuries that they cause to others. The law is designed to compensate victims of negligence for their injuries and losses. To be successful in a personal injury l... More...

$1 (08-07-2023 - ND)

April Updike v. Bryon Updike

Bismarck, North Dakota family law lawyers represented the parties in a divorce case involving child support. Bryon Updike appeals from a divorce judgment. He argues the district court erred when it calculated child support and when it distributed the parties' assets and debts. April Updike cross appeals arguing the court erred when it failed to include a commencement date for the child su... More...

$0 (05-12-2022 - ND)

Leah Grace Taylor v. Aaron James Taylor

<center><h3><h3> Bismarck, ND - Divorce lawyer represented defendant with appealing the modifying of his parenting time, his decision making authority, and finding him in contempt. </h3></center> Aaron and Leah Taylor were married in 2008. They have two minor children: A.G.T., born in 2008, and L.A.T., born in 2011. The pair ... More...

$0 (04-09-2022 - ND)

Katie A. Schrodt v. Joseph D. Schrodt and State of North Dakota

<center><h3><h3> Bismarck, ND - Divorce lawyer represented Appellant with appealing from a divorce judgment. </h3></center> Katie Schrodt and Joseph Schrodt married on May 29, 2018. Joseph Schrodt is self-employed as a welder and Katie Schrodt is employed as an equipment operator. The parties share one minor child born in... More...

$0 (04-08-2022 - ND)

Jean Kaspari v. Thomas Kaspari

<center><h3><h2> Bismarck, ND - Divorce lawyer represented defendant with appealing from a divorce judgment. </h3></center> The parties were married in 2008. Chad Quamme is 41 years old. He works as a financial advisor at Wells Fargo. He previously worked as a financial advisor for Dougherty & Company. Ashley Quamme is 34... More...

$0 (02-01-2022 - ND)

Ashley Marie Askew Quamme v. Chad Q. Quamme

<center><h3><h2> Bismarck, ND - Divorce lawyer represented defendant with e appealing from a divorce judgment. </h3></center> The parties were married in 2008. Chad Quamme is 41 years old. He works as a financial advisor at Wells Fargo. He previously worked as a financial advisor for Dougherty & Company. Ashley Quamme is ... More...

$0 (01-27-2022 - ND)

Samantha Gillespie and Tina Taylor v. National Farmers Union Property & Casualty Company

Gillespie and Taylor sued Farmers Union for underinsured motor vehicle coverage, alleging Gillespie was insured under her mother's motor vehicle policy with Farmers Union and was driving a motor vehicle owned by another person when Gillespie lost control of the vehicle and it overturned, resulting in significant injuries to her. According to Gillespie and Taylor, the motor vehicle was owned by An... More...

$0 (10-10-2016 - ND)

Ronald Scott Thompson v. State of North Dakota

In 1991 Thompson was charged with gross sexual imposition and received a court appointed defense lawyer. In 1992 Thompson pled guilty and was sentenced to a ten year prison term with three years suspended. Thompson completed his sentence and the term of probation has expired. In 2012 Thompson applied for post-conviction relief, claiming ineffective assistance of counsel and requesting dismissal of... More...

$0 (05-29-2016 - ND)

Valentina Williston, LLC v. Gadeco, LLC

On May 4, 2007, Leroy and Norma Seaton entered into an oil and gas lease with Gadeco covering Sections 5, 6, 7, 8, and 18 in Township 154 North, Range 98 West, Williams County, North Dakota. The lease had a primary term of five years. The lease contained a "continuing operations clause," which enabled Gadeco to extend the primary term of the lease if "not more than ninety . . . days . . . elapse b... More...

$0 (04-25-2016 - ND)

State of North Dakota v. Donald Michael Bear

On November 23, 2013, while patrolling on an alleged section line in a state vehicle, Greg Hastings, a state game warden, followed hunters northwest of Jamestown and struck a large rock, damaging the vehicle. After observing the accident, the hunters approached Hastings, and based on their conversation, Hastings learned Bear had allegedly put the rock in that location. While the vehicle was being ... More...

$0 (02-16-2016 - ND)

Brian L. Sweeney v. Dawn M. Kirby

[¶1] Dawn Kirby appeals from a district court order denying her motion to modify primary residential responsibility of the parties' minor child from Brian Sweeney to her. We affirm, concluding the court's denial of Kirby's motion is not clearly erroneous. I [¶2] Kirby and Sweeney have one minor child together who was born in 2004. Kirby raised the child until 2011, when Sweeney... More...

$0 (06-11-2015 - ND)

Lori Ihli v. Anthony Lazzaretto d/b/a Lazzaretto Construction

[¶1] Lori Ihli appeals from a district court judgment dismissing her claims against Anthony Lazzaretto, d/b/a Lazzaretto Construction ("Lazzaretto"). Under the facts of this case, we conclude the district court did not abuse its discretion in imposing the sanction of dismissal and denying Ihli's motion to amend. We affirm. I [¶2] In June 2011, Ihli's Minot home flooded. Ihli co... More...

$0 (06-11-2015 - ND)

Harry W. Chornuk v. Craig Nelson

[¶1] Craig and Julie Nelson appeal from a judgment quieting title in certain real property in Harry and Linda Chornuk and awarding the Chornuks damages for conversion, and from an amended judgment modifying the damage award. The Nelsons argue the district court erroneously found they did not purchase the property in good faith and erred in quieting title of the property in favor of the Chornuks. ... More...

$0 (12-22-2014 - ND)

Nodak Mutual Insurance Company v. Eric Bahr-Renner

[¶1] Eric Bahr-Renner, Sara Daede, Ashley Collins, J.C. (a minor), Emily Young, and Kenneth McCoy (collectively "claimants") appeal from a judgment that only the lower, "step-down" policy limits in an automobile insurance policy were available for their damages sustained in an automobile accident. We affirm, concluding the district court's finding of fact that Mary Gwyther was not a resident of h... More...

$0 (02-20-2014 - ND)

Trista Marie Conzemius v. Chad Thomas Conzenius

[¶1] Trista Conzemius appeals and Chad Conzemius cross-appeals from a divorce judgment awarding Trista Conzemius child support, denying her spousal support, determining residential responsibility for the parties' minor child, and dividing the parties' marital property. We affirm. I [¶2] Chad and Trista Conzemius were married in 1994. Chad Conzemius is a self-employed electrician, a... More...

$0 (01-14-2014 - ND)

Branden J. Schwalk v. Heather A. Schwalk n/k/a Heather A. Abfalter

North Dakota Supreme Court OpinionsGo BackExit any frames & take this document to the topDownload to PDAAnnotate PageHelp Schwalk v. Schwalk, 2014 ND 13 This opinion is subject to petition for rehearing. [Go to Documents] Filed Jan. 17, 2014 [Download as WordPerfect] IN THE SUPREME COURT STATE OF NORTH DAKOTA 2014 ND 13 Branden J. Schwalk, Plaintiff and Appellant v. Heather A. Sc... More...

$0 (01-17-2014 - ND)

Laura Jean Entzel v. Moritz Sport and Marine

North Dakota Supreme Court OpinionsGo BackExit any frames & take this document to the topDownload to PDAAnnotate PageHelp Entzel v. Moritz Sport and Marine, 2014 ND 12 This opinion is subject to petition for rehearing. [Go to Documents] Filed Jan. 17, 2014 [Download as WordPerfect] IN THE SUPREME COURT STATE OF NORTH DAKOTA 2014 ND 12 Laura Jean Entzel, Plaintiff, Appellant and C... More...

$0 (01-17-2014 - ND)

Catherine L. Walstad v. Richard H. Walstad

[¶1] Catherine Walstad appeals from a district court memorandum opinion and order reaffirming its previous judgment requiring Richard Walstad to pay her $37,222.90 to equalize a property distribution after he intentionally concealed marital assets during the parties' 1994 divorce. Because we conclude the district court did not follow our mandate on remand, the district court's property distributi... More...

$0 (10-11-2013 - ND)

Danuser v. IDA Marketing Corp.,

[¶1] James Leach, IDA Marketing Corporation, and IDA of Moorhead Corporation appeal from a judgment holding them jointly and severally liable to Reed Danuser in the amount of $692,671.78 for claims involving Danuser's termination as president and chief executive officer of the corporations and Leach's breach of a fiduciary duty to Danuser and requiring IDA Moorhead to pay Danuser $130,727.99 for ... More...

$0 (10-30-2013 - ND)

Leah Richard v. Washburn Public Schools

[¶1] Leah Richard appeals from a judgment dismissing her claims for negligent hiring, supervision and retention, and assault and battery against Washburn Public Schools ("the District"). We affirm the district court's dismissal of Richard's claims for negligent hiring and assault and battery, which she does not challenge on appeal. We reverse dismissal of Richard's claims for negligent supervisio... More...

$0 (12-15-2011 - ND)

Maria C. Willits v. Job Service North Dakota of Richland County

[¶1] Maria Willits appeals from a judgment affirming a decision of Job Service North Dakota denying her application for unemployment benefits after Job Service found she voluntarily left her employment without showing good cause attributable to her employer. We affirm, concluding a reasoning mind reasonably could have determined that Willits did not make a reasonable effort to preserve her employ... More...

$0 (07-13-2011 - ND)

John M. Silbernagel v. Stephen Silbernagel

[¶1] Stephen and Jane Silbernagel appeal from a judgment entered upon a motion by John M. and Tom Silbernagel to enforce a prior stipulated judgment in consolidated cases involving the estates of John P. Silbernagel and Marcella Silbernagel. Stephen and Jane Silbernagel assert the purpose of the stipulated judgment has been frustrated by an unexpected claim to land involved in the prior judgment,... More...

$0 (07-13-2011 - ND)

John Jung v. General Casualty Company

John and Janice Jung (the Jungs) challenge the denial of their claim for benefits arising from an underinsured motorists (UIM) policy issued by appellee, General Casualty of Wisconsin. The district court1 granted summary judgment in favor of General Casualty. The Jungs appeal. We affirm. I. BACKGROUND On November 30, 2006, John Jung (Jung) was seriously injured in a motorvehicle ... More...

$0 (08-09-2011 - ND)

Ricky C. Becker v. Jill M. Becker

[¶1] Ricky Becker appeals from a divorce judgment awarding Jill Becker spousal support and establishing her child support obligation. We affirm the spousal support award, reverse the child support decision and remand for recalculation of Jill Becker's child support obligation. I [¶2] Ricky and Jill Becker married in 1989 and have four children together. Ricky Becker is a plasti... More...

$0 (06-21-2011 - ND)

Richard D. Spratt v. MDU Resources Group, Inc.

[¶1] Richard Spratt appealed from a district court summary judgment dismissing his age discrimination claim against MDU Resources Group, Inc. ("MDU"). We affirm, concluding Spratt cannot raise new legal theories on appeal and the district court did not err in determining Spratt had failed to raise a genuine issue of material fact that other employees not in the protected class were treated more f... More...

$0 (05-18-2011 - ND)

American Bank Center v. David L. Wiest v. Howard Palamer

[¶1] American Bank Center ("Bank") appeals from a district court judgment rescinding a $250,000 loan the Bank made to David L. Wiest and requiring Wiest to repay part of a $200,000 loan the Bank made to Wiest for a line of credit. The Bank argues the district court erred in rescinding the $250,000 loan because the court improperly imputed the fraud of the Bank's loan officer, Howard Palmer, to th... More...

$0 (12-23-2010 - ND)

Jeanene Zebley v. Heartland Industries of Dawson

Fallon Zebley (Fallon), a young woman with mental disabilities, died after she jumped from the fifth-floor fire escape on a building in Fargo, North Dakota. At the time of her death, Fallon was under the care and supervision of Heartland Industries of Dawson, Inc. (Heartland), a licensed non-profit day training, habilitation, and employment services provider. Fallon's mother, Jeanene Zebley (Zeble... More...

$0 (11-12-2010 - ND)

Kevin Loye v. County of Dakota

On the afternoon of September 6, 2004, boys stole two bottles of mercury from an abandoned building, took this hazardous substance to a playground near the Rosemount Woods mobile home park, and released it while playing. Before police from the City of Rosemount, Minnesota were notified and arrived at the scene, people, homes, and vehicles were contaminated. Police officers knocked on doors to iden... More...

$0 (11-17-2010 - ND)

Anthony L. Davis v. Wade G. Enget and Tom P. Slorby

[¶1] Anthony Davis appeals the district court's judgment dismissing his legal malpractice action against Wade Enget. We affirm, concluding Davis' failure to present expert testimony on Enget's alleged breach of duty precluded him from demonstrating a genuine issue of material fact exists. I [¶2] In 2002, Enget and Tom Slorby represented Davis in a medical malpractice action against... More...

$0 (02-22-2010 - ND)

Minto Grain, L.L.C. v. Mark L. Tibert

[¶1] Mark Tibert, Melvin Tibert, Suzi Tibert, and William "Bill" Tibert ("Tiberts") appealed from a district court judgment entered after a jury verdict in favor of Minto Grain, LLC, William Slominski, and Katherine Slominski (collectively "Minto Grain") and against Tiberts jointly and severally in the amount of $455,000. Judgment against William "Bill" Tibert was limited to $305,000. We conclude... More...

$0 (12-17-2009 - ND)

<a href="http://www.court.state.nd.us/court/opinions/20060308.htm" Superior, Inc. v. Behlen Mfg. Co.</a>

[1] Superior, Inc. ("Superior") appealed from summary judgment dismissing its action against Behlen Manufacturing Co. ("Behlen"). Superior argues the district court erroneously concluded that its claim was time barred by the four-year statute of limitations governing contracts for the sale of goods. Superior also contends the district court erred when it failed to apply the doctrines of equit... More...

$0 (09-08-2007 - ND)

<a href="http://www.ndcourts.com/court/opinions/20040236.htm" target="_new">Cheryl Ann Brandner v. Allan Michael Brandner</a>

[1] Allan Michael Brandner appealed from a judgment granting Cheryl Ann Brandner a divorce, dividing their marital property, and setting his child support obligation for their two children. Cheryl cross-appealed from the part of the judgment setting the effective date of Allan's child support obligation. We conclude the trial court did not err in setting the effective date of Allan's child supp... More...

$0 (06-24-2005 - ND)

<a href="http://www.court.state.nd.us/COURT/OPINIONS/20020206.htm" target="_new">Travis Boser v. Jay Hanson, et al.</a>

Boser and Port were snowmobiling south of Minot on February 28, 1998. When Boser's snowmobile became inoperable, they towed it to a friend's home. Boser then rode as a passenger on Port's snowmobile into Minot. Boser was injured in an intersection accident when he was struck by a vehicle operated by Jay Hanson, whose direction of travel was governed by a yield sign. Boser sued Hanson(1) and Por... More...

$0 (06-25-2003 - ND)

<a href="http://www.court.state.nd.us/COURT/OPINIONS/20020073.htm" target"_new">Grinnell Mutual Reinsurance Co. v. Center Mutual Ins. Co.</a>

[1] Center Mutual Insurance Company ("Center") appealed from a declaratory judgment holding that an automobile insurance policy it issued to Steven R. Haskins provided coverage for injuries suffered by James D. Jones in an accident on Haskins' farm, and ordering Center to indemnify Grinnell Mutual Reinsurance Company ("Grinnell") for a settlement payment made by Grinnell to Jones and for a guar... More...

$42684 (03-26-2003 - ND)

<a href="http://www.court.state.nd.us/court/opinions/20010082.htm" target="_new">Janice A. Piatz, et al. v. Austin Mutual Insurance Company</a>

[1] Janice Piatz and Rebecca Johnson appeal from the trial court's judgment dismissing their claims against Austin Mutual Insurance Company for breach of contract and bad faith. We affirm. I [2] On July 2, 1997, Janice Piatz and her daughter, Rebecca Johnson, were both injured in an accident when a Barnes County mower tractor made a sudden left turn in front of their pickup on a highwa... More...

$0 (07-11-2002 - ND)

<a href="http://www.court.state.nd.us/court/opinions/20010086.htm" target="_new">Olander Contracting Co. v. Gail Wachter Investments, et al.</a>

[1] The City of Bismarck ("Bismarck") appealed a judgment and orders entered in an action brought by Olander Contracting Co. ("Olander") against Bismarck, Gail Wachter d/b/a Gail Wachter Investments ("Wachter"), and Dakota Sand and Gravel, Inc.(1) Wachter and Olander cross-appealed. We affirm. [2] In 1997, Olander, Wachter, and Bismarck entered into a water and sewer construction contract i... More...

$220000 (04-16-2002 - ND)

<a href="http://www.ca8.uscourts.gov/opndir/02/03/012888U.pdf" target="_new">Clay Rural Water v. One Call Systems</a>

Before digging to lay new water lines for a farmhouse in South Dakota, Brian McKee, a contractor for Clay Rural Water System, Inc., contacted One Call Systems, Inc., a Pennsylvania company. One Call has contracted with South Dakota to field calls from those who plan to dig on property in the state and to notify affected utilities of the proposed excavation. Once a utility receives notice, the ... More...

$0 (03-19-2002 - ND)