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Date: 08-07-2023
Case Style:
Case Number: 3:22-cv-00122
Judge: Alice R. Senechal
Court: United States District Court for the District of North Dakota (Cass County)
Plaintiff's Attorney: Jeff Weikum
Defendant's Attorney: Jeff Weir
Description: 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 lawsuit in North Dakota, the plaintiff must prove the following four elements:
Duty of care: The defendant owed the plaintiff a duty of care. This means that the defendant had a legal obligation to act reasonably and to avoid causing harm to the plaintiff.
Breach of duty: The defendant breached their duty of care by failing to act reasonably. This could be because the defendant acted negligently or intentionally.
Causation: The defendant's breach of duty caused the plaintiff's injuries. This means that the plaintiff's injuries would not have occurred but for the defendant's actions.
Damages: The plaintiff suffered damages as a result of their injuries. This could include medical expenses, lost wages, pain and suffering, and emotional distress.
If the plaintiff can prove all four elements, they will be entitled to recover damages from the defendant. The amount of damages that the plaintiff can recover will depend on the specific facts of the case.
Here are some common types of personal injury cases in North Dakota:
Car accidents: Car accidents are the most common type of personal injury case in North Dakota. If you are injured in a car accident, you may be able to file a claim against the at-fault driver for their negligence.
Premises liability: Premises liability cases involve injuries that occur on someone else's property. If you are injured on someone else's property, you may be able to file a claim against the property owner for their negligence.
Product liability: Product liability cases involve injuries that are caused by defective products. If you are injured by a defective product, you may be able to file a claim against the manufacturer or seller of the product for their negligence.
Wrongful death: Wrongful death cases involve the death of a loved one due to someone else's negligence. If your loved one was killed in an accident, you may be able to file a wrongful death claim against the at-fault party for their negligence.
If you have been injured in a personal injury accident, it is important to speak with an attorney to discuss your legal options. An attorney can help you understand the law and determine if you have a case. They can also help you gather evidence and file a lawsuit, if necessary."
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Outcome: 08/07/2023 23 ORDER by Magistrate Judge Alice R. Senechal Adopting 22 Stipulation of Dismissal. The case is dismissed with prejudice and without costs, disbursements, or fees to any party. (KT) (Entered: 08/07/2023)
08/07/2023 Civil Case Terminated. (sj) (Entered: 08/07/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: