State v. Starke
2011 ND 147
| N.D. | 2011Background
- Wahls filed suit alleging Northern Improvement left a defective road grade and improper signage caused a motorcycle crash.
- District court scheduled a four-day trial; Wahls did not object to the four days initially.
- Trial began April 13, 2010; on April 16 it stalled and was continued to April 28 due to scheduling.
- Jury found Northern Improvement and United Rentals not liable; amended final judgment issued July 22, 2010 awarding costs.
- Wahls appealed asserting trial-length, jury-separation, and expert-fee awards were improper; district court costs were contested.
- Court affirms verdict and remands to determine whether Alcorn’s expert fees are reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial length abuse in scheduling four days? | Wahls contend four days were insufficient. | Court could impose reasonable restrictions; four days adequate here. | No abuse; four days reasonable. |
| Was twelve-day juror separation prejudicial? | Separation risks prejudice to Wahls’ case. | No objection or evidence of prejudice; statute not applicable mid-submission. | Not prejudicial; remand not required. |
| Are Alcorn’s expert fees reasonable and properly documented? | Alcorn’s fees lacked itemization; some charges may be pre-litigation or excessive. | Fees were reasonable; district court may determine time expended for trial prep. | Remand to determine reasonableness of Alcorn’s fees. |
Key Cases Cited
- Manning v. Manning, 2006 ND 67 (ND) (trial court broad discretion in management of trial; must be toward substantial justice)
- Hartleib v. Simes, 2009 ND 205 (ND) (limits on length and scope of trials; reasonable restrictions permitted)
- Keyes v. Amundson, 343 N.W.2d 78 (ND 1983) (prejudice required to be shown for juror separation)
- State v. White, 274 A.2d 690 (Vt. 1971) (prejudice as matter of law in juror separation not adopted)
- Whitmire v. Whitmire, 1999 ND 56 (ND) (itemized billing is needed to support attorney fees; applies to expert fees analogy)
- Lemer v. Campbell, 1999 ND 223 (ND) (trial court abuse standard for costs and expert fees)
- Heng v. Rotech Med. Corp., 2006 ND 176 (ND) (factors for reasonableness of fees)
- T.F. James Co. v. Vakoch, 2001 ND 112 (ND) (fee-reasonableness factors for attorney-like analysis applicable by analogy)
- State Farm Fire and Cas. Co. v. Sigman, 508 N.W.2d 323 (ND 1993) (trial court as expert on attorney-fee reasonableness)