Justia North Dakota Supreme Court Opinion Summaries

Jill Carlson appealed a district court judgment awarding Royce Carlson primary residential responsibility and decision-making authority over daycare/afterschool provider decisions and non-emergency medical decisions of the parties’ minor children. Jill argue the district court’s findings on best interest factors a, b, d, e, f, h, j, k, and l under N.D.C.C. 14-09-06.2 were clearly erroneous. The North Dakota Supreme Court found the record in this case included evidence implicating the presence of domestic violence: "[t]he incident in which Royce shot a gun into the air during the squabble between Jill and J.R.C. and the testimony that Royce repeatedly used corporal punishment as a form of discipline is evidence that domestic violence may exist. The use of corporal punishment, however, does not alone establish evidence of domestic violence, but may be considered as evidence of domestic violence if excessive or unreasonable, or if it gives rise to the presumption under factor j." The Supreme Court remanded the case for further findings on whether a presumption of domestic violence applied. If not, the Court mandated an explanation of why evidence of domestic violence did not change its award of primary residential responsibility. In light of the Supreme Court's opinion, the district court also had to determine on remand whether its findings on factor j affected its findings on the other best interest factors and its decision awarding Royce primary residential responsibility and decisionmaking authority. Because the case was remanded for further findings, Jill's remaining arguments were not considered. View "Carlson v. Carlson" on Justia Law

Branden Lyon appealed from an amended criminal judgment sentencing him to life imprisonment with the possibility of parole. In October 2015, Lyon was charged with attempted murder, terrorizing, terrorizing-domestic violence, and illegal possession of a firearm. These charges stemmed from a 2015 incident during which Lyon barricaded himself in a home and had an extended encounter with police officers. At one point during the encounter, Lyon shot at the police officers who had surrounded the home. A jury found Lyon guilty on all counts. On appeal, Lyon argued there was insufficient evidence to sustain his convictions, and the district court erred by not adequately considering the sentencing factors set forth in statute. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Lyon" on Justia Law

Zachary Beck appealed the denial of his request for relief from a judgment awarding damages to Hustle Proof Corporation and Chinedu Ilogu (Hustle Proof). Hustle Proof sued Beck and his manager, Ryan Matthews, alleging a breach of the parties’ contract for a joint concert tour. Beck and Matthews were personally served with the summons and complaint. According to Beck, he was told by Matthews that Matthews would handle the lawsuit. Matthews apparently initiated email contact with Hustle Proof’s attorney regarding the lawsuit, but neither Beck nor Matthews answered the complaint. Hustle Proof moved for the entry of a default judgment. Notice of the default proceedings was sent by registered mail to Beck and Matthews at the address of Matthews’ limited liability company in Florida. Neither Matthews nor Beck appeared at the hearing on the motion for default judgment. Hustle Proof sought the entry of a judgment in the amount of $252,740 consisting primarily of the profit Hustle Proof claimed it would have made had Matthews and Beck not breached the parties’ contract. The district court refused to enter a default judgment for a sum greater than the $3,000 guaranteed payment included in the parties’ contract and offered Hustle Proof the option of the entry of a default judgment in the amount of $3,000 or proceeding to trial. Hustle Proof elected to proceed to trial. A jury trial was held on January 30, 2018. Neither Matthews nor Beck appeared at the jury trial. Hustle Proof presented its evidence to the jury and the jury returned a verdict in favor of Hustle Proof in the amount of $192,500 plus interest. A judgment, including costs and interest, was entered in the amount of $227,790. Beck argued to the North Dakota Supreme Court that the district court abused its discretion in denying his request for relief from the judgment pursuant to N.D.R.Civ.P. 60(b)(6) because he was not properly served with notice of the default judgment proceedings and the facts and circumstances of this case compelled relief from the judgment. Finding no reversible error, the Supreme Court affirmed. View "Hustle Proof, et al. v. Matthews, et al." on Justia Law

Randy Jensen appealed a district court order denying his motion to correct an illegal sentence. Because the North Dakota Supreme Court determined Jensen was not given seven days to respond to the State’s answer brief under N.D.R.Ct. 3.2(a)(2), it reversed the district court order and remanded for an opportunity to respond. View "North Dakota v. Jensen" on Justia Law

Ross Thomas appealed after a jury found him guilty of felonious restraint. In February 2017, the State charged Thomas with aggravated assault, felonious restraint, terrorizing, and reckless endangerment. The case proceeded to trial in March 2018. A jury convicted Thomas of terrorizing, and acquitted him of aggravated assault and reckless endangerment. It did not reach a verdict on the felonious restraint charge. Soon thereafter, the State gave notice of its intent to retry Thomas for felonious restraint. Thomas’s second trial was continued and ultimately was held in April 2019. Thomas argued the district court abused its discretion in granting the State’s request for a continuance because the State did not move for a continuance and there was no good cause for a continuance. The North Dakota Supreme Court found no abuse of the district court's discretion, and no other reversible error. Therefore, it affirmed his conviction. View "North Dakota v. Thomas" on Justia Law

Glenvin Albrecht (“Glen”) appealed judgment entered in favor of the Estate of Sharleen Albrecht (“Estate”) regarding certain assets in which he had an ownership interest. In February 2010, Glen sued Sharleen for divorce after nearly 50 years of marriage. Sharleen died on July 29, 2013, before a final divorce judgment was entered. The district court entered a final divorce judgment after her death, and the North Dakota Supreme Court reversed, holding Sharleen's death abated the divorce action. Sharleen had a will, and Sharleen and Glen's son, Mark Albrecht, was appointed personal representative of the Estate. In February 2017, the Estate petitioned for the return, partition, and sale of estate assets. The Estate alleged Sharleen owned a one-half interest in various farm machinery, equipment, and vehicles, which were in Glen's control. The Estate alleged a partition and sale of the assets was necessary to satisfy estate expenses. Glen objected to the petition, arguing Sharleen did not have an ownership interest in the assets. A trial was conducted in 2018, the result of which ended with judgment in favor of the estate. Glen argued on appeal that the district court erred by finding Sharleen had an interest in the assets at issue, and the court abused its discretion by allowing personal representative’s and attorney’s fees. Finding no reversible error or abuse of discretion, the North Dakota Supreme Court affirmed. View "Estate of Albrecht" on Justia Law

Gerald Aftem and Aftem Lake Developments Inc. (Aftem) appealed a district court judgment dismissing its lawsuit against the Riverview Homeowners Association. In 1998, Aftem purchased 10.69 acres of real property in Mountrail County. Aftem subdivided part of the property into three platted subdivisions; Arrowhead Point, Bridgeview, and Riverview Estates, collectively referred to as the Riverview Subdivisions. Each subdivision plat stated the roads and public rights of way were dedicated to the public. In 2015, the Riverview HOA developed and built a water utility system for the subdivisions. Portions of the water system were located underneath the platted subdivision roads. Aftem sued the Riverview HOA for trespass and negligence, alleging it did not have permission to run its water lines underneath the subdivision roads to which Aftem claimed ownership. Aftem claimed it owned the roads within the subdivision because, although the County Commission approved the plats, the County did not maintain the roads. Riverview HOA denied the allegations, claiming the County Commission’s approval of the subdivision plats divested Aftem of ownership in the subdivision roads. The district court granted Riverview HOA’s motion and concluded Aftem had no ownership interest in the subdivision roads. The North Dakota Supreme Court affirmed, finding Aftem’s subdivision plats satisfied N.D.C.C. section§ 40-50.1-01, 40-50.1-03, and 40-50.1-04. "The plats dedicated the use of the subdivision roads and public rights of way to the public forever. Thus, under N.D.C.C. 40-50.1-05, Aftem’s dedication of the subdivision roads and public rights of way divested Aftem of ownership in the roads." View "Aftem Lake Developments Inc. v. Riverview Homeowners Assoc." on Justia Law

Corey Wickham was working as a rideshare driver when he allegedly stopped a passenger from exiting his automobile, kissed her on the mouth, put his hands down her pants, digitally penetrated her, and touched her breasts. He was charged with two counts of gross sexual imposition. A jury found Wickham guilty on both counts. Wickham appealed his eventual convictions, arguing the district court erred by admitting expert opinion testimony. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Wickham" on Justia Law

Mark Krebsbach appeals a district court judgment dismissing his lawsuit against Trinity Hospital relating to medical services provided to his wife. Krystal Krebsbach died in June 2016. In September 2013 she was diagnosed with hepatitis C while a patient at the ManorCare nursing home in Minot. Krystal’s diagnosis occurred during a hepatitis C outbreak in the Minot area. In September 2016 Krebsbach moved to intervene in a lawsuit with other plaintiffs against Trinity related to the hepatitis C outbreak. The district court granted Krebsbach’s motion in December 2016. Krebsbach’s complaint against Trinity alleged negligence, fraud, deceit and unlawful sales and advertising practices. Krebsbach claimed negligence and misconduct by Trinity’s staff and management caused Krystal Krebsbach’s hepatitis C. Krebsbach alleged Trinity engaged in actual fraud or deceit by misrepresenting the competency of its care providers and withholding information about its employees’ theft or misuse of drugs (known as drug diversion) and needle reuse. Krebsbach asserted Krystal Krebsbach relied on Trinity’s misrepresentations and allowed Trinity to provide her with phlebotomy services, which caused her to contract hepatitis C. The court dismissed Krebsbach’s action after a special master appointed by the court concluded the two-year statute of limitations for medical malpractice applied to Krebsbach’s action. The special master also concluded the action was barred because Krebsbach had notice of Trinity’s possible negligence more than two years before bringing his lawsuit. Krebsbach claimed the six-year statute of limitations under N.D.C.C. 28-01-16 applies to his negligence claims against Trinity. Before the North Dakota Supreme Court, Krebsbach argued the special master and district court erred in concluding he was on notice of Trinity’s possible negligence more than two years before commencing his action against Trinity. Finding no reversible error, the North Dakota Supreme Court affirmed dismissal. View "Krebsbach, et al. v. Trinity Hospitals, Inc., et al." on Justia Law

Dylan Devore appealed summary judgments dismissing his negligence and gross negligence claims against defendants American Eagle Energy Corporation, Integrated Petroleum Technologies, Inc. (“IPT”), and Brian Barony. Devore was a crew supervisor for Fort Berthold Services (“FBS”), which provided water transfer services for hydraulic fracturing operations at oil wells. In February 2014, American Eagle Energy Corporation began hydraulic fracturing operations on an oil well in Divide County, North Dakota and contracted with FBS to provide water. American Eagle also contracted with IPT, a consulting company. Though IPT coordinated American Eagle’s independent contractors, American Eagle authorized any contractor to stop work at any time if a work condition was unsafe. IPT had no contractual relationship with FBS. FBS took direction from IPT, but FBS controlled its own day-to-day activities, including how it performed its work. On the morning of March 2, 2014, ice had formed in a hose between a pond near the well site and a tank. While the hose was still pressurized from the compressed air, at least one FBS crew member struck it with a sledgehammer in an attempt to dislodge the ice obstruction. The sledgehammer blows caused the hose to break apart and uncontrollably jump and whip around. The flailing hose struck and injured Devore. After review, the North Dakota Supreme Court concluded the facts, viewed in a light most favorable to Devore, did not support a conclusion that American Eagle, IPT, or Barony owed Devore a duty of care or proximately caused his injuries. Therefore the Court affirmed the summary judgments. View "Devore v. American Eagle Energy Corporation, et al." on Justia Law