Lee v. Buehner

Filed Oct. 17, 2006
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2006 ND 204

Curtis Lee, Plaintiff and Appellee
v.
Kevin Buehner, Cody Buehner, Austin Buehner, and Amos Buehner, Defendants and Appellants

No. 20060052

Appeal from the District Court of Dunn County, Southwest Judicial District, the Honorable Zane Anderson, Judge.
AFFIRMED.
Per Curiam.
Jeffrey S. Weikum, Pagel Weikum Law Firm, 1715 Burnt Boat Drive, Madison Suite, Bismarck, N.D. 58503, for plaintiff and appellee.
Lawrence A. Dopson, Zuger Kirmis & Smith, P.O. Box 1695, Bismarck, N.D. 58502-1695, for defendants and appellants.

Lee v. Buehner
No. 20060052

Per Curiam.

[¶1] Kevin Buehner, Cody Buehner, Austin Buehner, and Amos Buehner appeal from a district court judgment awarding Curtis Lee damages for injuries sustained in an altercation with the Buehners.

[¶2] On appeal, the Buehners argue there was insufficient evidence to support the jury's verdict on damages and the trial court erred in refusing to admit certain evidence. Lee argues the Buehners failed to preserve the sufficiency of the evidence issue, the evidence was sufficient to support the jury's verdict, and the trial court did not abuse its discretion in its evidentiary rulings. We affirm under N.D.R.App.P. 35.1(a)(4) and (7); see Varriano v. Bang, 541 N.W.2d 707 (N.D. 1996).

[¶3]Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner
Dale V. Sandstrom