Loper v. Adams
795 N.W.2d 899
N.D.2011Background
- Loper, a ranch hand, was injured when calves struck him in a calf-handling chute on May 16, 2005.
- He later alleged a back injury from the calf incident and sued Adams for negligent supervision and negligent maintenance of the workplace; the May 23 gate incident was not claimed as a basis of liability.
- MRI revealed a disc rupture at L5-S1; Loper alleged causation linking his injuries to the calf incident.
- Adams served interrogatories in February 2008 seeking expert-witness identity; Loper replied that experts had not been selected.
- A scheduling order required disclosure of experts by November 15, 2009; discovery continued, but Loper did not timely disclose an expert by that deadline.
- Adams moved for summary judgment; Loper later disclosed Dr. Dunnigan in February 2010, leading to exclusion of Dunnigan’s testimony and a grant of summary judgment before trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in excluding Dunnigan and denying enlargement of time | Loper seeks enlargement, excusable neglect due to Dunnigan’s delays. | Untimely disclosure and no excusable neglect; prejudice to Adams. | No abuse; exclusion upheld and summary judgment granted. |
| Whether genuine issues of material fact exist regarding causation linking calf incident to injuries | Calf incident caused the disc rupture and back injuries. | Gate incident could be a superseding cause absolving Adams. | genuine issues on superseding, intervening cause precluded summary judgment. |
| Whether the gate incident constitutes a superseding, unforeseeable intervening cause | Gate incident may not sever the causal link; foreseeability persists. | Gate incident is an unforeseeable superseding cause. | Issue of superseding cause is factual; not proper for summary judgment. |
Key Cases Cited
- Clark v. Clark, 2006 ND 182 (N.D. 2006) (trial court abuse standard for expert-disclosure sanctions)
- Dewitz by Nuestel v. Emery, 508 N.W.2d 334 (N.D. 1993) (prefer continuance over exclusion for late expert disclosure)
- Alerus Fin., N.A. v. Lamb, 2003 ND 158 (N.D. 2003) ( Rule 6(b) excusable neglect framework)
- Miller v. Diamond Res., Inc., 2005 ND 150 (N.D. 2005) (intervening cause and causation standards)
- Stewart v. Ryan, 520 N.W.2d 39 (N.D. 1994) (intervening cause analysis in negligence)
- Champagne v. United States, 513 N.W.2d 75 (N.D. 1994) (intervening cause must be unforeseeable)
- Lang v. Wonnenberg, 455 N.W.2d 832 (N.D. 1990) (causal chain severance standard)
- First Trust Co. v. Scheels Hardware & Sports Shop, Inc., 429 N.W.2d 5 (N.D. 1983) (causation and intervening acts in negligence)
- Brown v. Montana-Dakota Utils., Co., 2011 ND 38 (N.D. 2011) (standard for review of summary judgment—de novo on record)
- Missouri Breaks, LLC v. Burns, 2010 ND 221 (N.D. 2010) (summary judgment standard and genuine issues of material fact)