The Bismarck Tribune from Bismarck, North Dakota • 19

The BISMARCK TRIBUNE-Thursday, April 28, 1983-Page 19 Jurors say jury forgot to award the damages court to add damages to the jury's FARGO (AP) Four former Cass County District Court jurors say the jury forgot to award more than $500,000 in a lawsuit it heard just before Easter in the jurors' hurry to get home for the holiday. The jury awarded Advanced Irrigation of West Fargo, Advanced Financial Services Inc. and stockholders Bradley E. and Susan Bagge, Hillsboro, Sidney W. Black, Fargo, and Janet G.

Britton, Fargo, $96,000 plus interest for damages they said they sustained when the First National Bank of Fargo breached a financing agreement in 1981. Jury foreman Kathleen D. Anderson and jurors Susan P. Wichmann, Pamela J. Thoma and Alfred R.

Tollefson have filed nearly identical affidavits with the court which say that in rendering its verdict, the jury inadvertently neglected to add a sum in excess of $500,000, the amount lost by Advanced Irrigation Inc. and Advanced Financial Services Inc. as a result of the bank's willful deceit. They say the jurors simply forgot to add the additional money because of the length of time the jury deliberated, and they were in a hurry to get home because of the impending Easter vacation. The trial began March 16.

The jury deliberated about 16 hours, starting March 31 and reaching its verdict at about 2:40 p.m. Good Friday, April 1. The West Fargo firm and its stockholders were seeking more than $3 million in actual damages and another $3 million in punitive damages. They've filed a motion asking the award or grant a new trial on the damages issue. District Court Judge Norman Backes has taken the request under advisement, The stockholders contend $96,000 is woefully inadequate, and that it doesn't appear to be related to any evidence they presented about their damages.

For example, they say they showed losses of $745,000 in 1981 and $646,000 in 1982. The bank has filed a counterclaim against Advanced Irrigation and the others. It is seeking about $375,000 it says they owe on'loans. In opposing the plaintiffs' motion for additional damages or a new trial, the bank says $96,000 is more than adequate, and that their claimed losses for 1981 and 1982 are unsubstantiated. It also says the $96,000 award doesn't suggest that was their losses, but their losses attributable to the bank's conduct.

The bank says there was overwhelming evidence that the plaintiffs were guilty of grossly mismanaging their business afffairs in expanding too rapidly, operating on debt rather than capital and failing to monitor their records so they were aware of their financial condition. The bank also has asked Backes not to consider the jurors' affidavits in ruling on the plaintiffs' motion. The affidavits don't contain allegations that the jury's decision was influenced by extraneous prejudicial information or outside pressure, the bank notes. Nubs Make your first stop at The Cork Bottle or The 1 1 Plaza Beer Depot! (jl PASSPORT fi CALVERT SCOTCH A GIN 1Uer fj 1Uer 'sr, CpUMinT I St. GABRIEL OVriMIUI Liebfraumlich $ew $OS9 HWarm Case, 750 ml "pjl OPEN 9 a.m.

to Midnight Specials Good April 28, 29 30th yjj'" Hwy.83&l-94 V. KpSS VuSMv Bismarck Vs HCi Arrowhead Plaza VAfT 255-3135 223-333S JS THURSDAY AL-ANON Thursday Al-Anon will meet at 8 p.m. at First Presbyterian Church of Mandan. I'se southwest entrance. VEHICLE FIRE A flatbed truck driven by Ray Fischer of Wilton sustained heavy damage Wednesday when it caught fire while traveling on a road near Selland's Arena, located about seven miles north of Bismarck.

The truck sustained an estimated $4,700 in damage. Also damaged was a water tank and about 30 gallons of fertilizer. Total loss was estimated at about $7,000, according to Burleigh County deputies. THEFT A television set valued at about SI .000 was stolen Wednesday from a storage room at Hughes Junior High School. 800 N.

Washington according to police. There were no signs of forced entry. INJURY ACCIDENTS A 14-year-old Bismarck girl suffered minor injuries Wednesday afternoon when she was struck by a pickup while crossing the street near Simle Junior High School, police said. Officers said Tabetha T. Zimmerman, 623 N.

10th suffered bruises and a cut finger at about 3:10 p.m. when she apparently walked out from between two school buses and into the path of a pickup driven bv Michele M. Broste, 17, 118' N. Third St. The victim was taken to Bismarck Hospital, where she was treated and released.

Peggy Anne VanVranken, 45, 1827 Catherine Drive, sustained minor injuries at about 8 a.m. Wednesday when the car she was driving and a pickup driven by Jerome G. Graner, 39. Mandan, collided at the intersection of Bell Street and Avenue A. VanVranken was admitted to Bismarck Hospital for several hours and later BIRTHS St.

Alexius Medical Center Daughter. Mr. and Mrs. Allen jOauslow, 1834 N. Washington 10 06 a April V.

Son, Mr. and Mrs. Daniel J. Geti, 220 Connecticut 3:33 p.m. April 27.

Son, Dennis and Pat Montplaisir, 204 Sixth Ave. N.W., Mandan, 3:05 a April 28. Elsewhere Son, Jim and Laurie Frank, Cedar Rapids, 26. Grandson ol Tony and Mary Frank, Bismarck, and Pat and Ann Kralt, Mandan. DEATH St.

Alexius Medical Center Clementine Vetter, 52, .506 N. 11th 8.24 a.m. April Ressler Funeral Home, Bismarck) MANDAN RURAL FIRE CALL Monday, 12:45 p.m. About nine miles northwest ol St. Anthony.

Mandan and St. Anthony rural fire departments called to prairie fire that burned about 10 acres of grass on Larry Morrell farm. Cause unknown. MUNICIPAL COURT (Judge Keith Wolberg) Failure to obey parking ticket Letand Goulet, 611 N. Fifth St.

Lenny Hilsendeger. 819 N. Sixth St. Carol Larsen. 400 N.

First St. Leroy R. Moore, 1428 S. Third St. Jon Polries, Sykeston.

Each S10. Speeding (26 mph or more above limit) -Kevin Senger, 191451 Omaha Drive. S25. Disorderly conduct Donald Wabaunasee. 21.

Tama. Iowa, SlOO, five days suspended one year. Driving while under suspension Detwin Ordahi. 18. Beach, $250.

10 days suspended one year. Frank Senn. 55, no address available, 12 days, nine days suspended one year. Open container in public Frederick F. Sibley 32.

Prince Hotel. S50. Criminal mischief Steven Evans, 23, 2520 E. Broadway 30 days, 15 days suspended one year, also, theft of property, 30 days, 15 days suspended one year, also, driving while under suspension, 30 days, 15 days suspended one year, sentences to run concurrently. Theft of property Dericei Bitz.

18. 725 1 1th $200, S100 suspended one year. Minor in possession of alcohol Leroy McCormick, 20, 700 S. 12th $300, $175 and three days suspended one year. Driving while intoxicated Aloysius Good luck 26.

Lodge Grass. $400, $150 and 10 days suspended one year. (Judge Rolf Sletten) Failure to obey parking ticket Dwight Brandt. 2508 tlth Ave. N.W., Mandan.

Timothy J. Hager, Watford City. Roberta Hildebrand. Lincoln. Michael Johnson, 2782 Warwick Loop.

Steve Mosset, 725 S. 12th St. Milbert Wald, 113 N. Washington St. Each $10.

Cindy Vetter. 424 S. 17th $20 Left accident scene Dale Berger, 22, 401 First St. S.E., Mandan. $350, 10 days suspended one year.

Reckless driving William Helphrey, 15, 324 Saturn Drive, $300, $100 suspended one year. Driving while under suspension Vern Christianson, 42, Bismarck, 10 days, five days suspended one year; also, driving while intoxi cated, $300 and 30 days, 20 days suspended one year. Cordell Roth, 23, 1025 N. 13th $350, five days suspended one year. Calvin Shauer, 24.

803 N. Third S300, 10 days suspended one year. BURLEIGH COUNTY COURT (Judge Burt Riskedahl) Driving while intoxicated Marvin Stein wand, 43, 819 N. Fifth 30 days. TWIN CITY AA Twin City Alcoholics Anonymous will hold a newcomers meeting and a closed meeting at 8 p.m.

Friday at the George House, next to St. George's Episcopal Church, Minot man dies in N.D. accident By The Associated Press One man was killed Wednesday in a car-semi collision on Minot's west edge. The victim was Rodney C. Hanes, 20, of Minot.

according to the North Dakota Highway Patrol. Ward County authorities said the accident happened around 12:30 p.m. Wednesday when the victim's compact car slid beneath a flatbed trailer being hauled by a semi. The car was dragged 200 yards. Witnesses said the trailer sheared off the top half of the car.

Authorities said Hanes, who was alone in his vehicle, died instantly. Position outlined WASHINGTON (AP) The American Farm Bureau Federation says it is prepared to wage an all-out effort to head off proposals in Congress that would raise taxes or postpone scheduled tax breaks. Robert B. Delano, president of the federation, said he delivered that message Wednesday at a White House meeting with presidential adviser Edwin Meese. TREES ARE Budding Spring is here, to sell or rent it, put a Want Ad here.

Call 258-6900 to place your ad. These are signs marking the presence of the Northern Border Pipeline. If these signs are located where you're planning to dig, probe or blast, call our District Office collect: Kit n'Carlyle I CAN AlWAlS 1 Tea 4Hft Beer CitTiNci'fcoUti AY BcW-OF LtfeR-Fi-WfoReb L- '4 PT1 We'll provide you with exact information about the pipeline's location. And that could help you avoid a dangerous situation. Our pipeline markers locate the buried pipeline only in the immediate-vicinity of the marker.

Pipelines often change direction between signs as well. Any type of ditching, boring, drilling, blasting, deep plowing, excavating, earth moving, mining or seismic work in the vicinity of our pipeline is potentially dangerous. That's why it's important to seek our help before you undertake any of these activities near the Northern Border Pipeline. You'll get prompt assistance by calling our pipeline safety line COLLECT: iijlillf 1 AIRLiftE TICKETS 'XftSTfr'CV PACKAGE TOURS Gas Pipeline Before gradtng or digging in tnts area call collect Phone MP Northern Plans Natural Gas Company til llll lllllll'lllillll ill llilffi Hill I' ESCORTED ytri f.lOTORCOAC.I HOLIDAYS Northern Border Pipeline us From Bismarck so xm Spring Summer Fall, 1983 PLAN NOW TO JOIN OTHER NORTH DAKOTANS FOR A "HOLIDAY ON WHEELS' SELECTING FROM ANY OF THE FOLLOWING SPECIAL OFFERINGS: Departing Length LU Ids Tour Title Nashville and Memphis Pella Tulip Fest and Amana Colonies Lake Superior Circle Tour Nashville Little House on the Prairie Pageant Ozark Outing Nordic Fest Nova Scotia Winnipeg and Folklorama Kentucky Tennessee Northern Plains Natural Gas Company 3724 30th Avenue N.W. Route 1, Box 70M Mandan, North Dakota 58554 Telephone: (701)663-4184 Bob Corn, District Manager In An Emergency, Call Toll Free: 1-800-228-7570 May 4 May 12 JuneS June 22 July 8 July 13 July 29 August 5 August 9 Sept.

11 Sept. 24 Oct. 1 9 Days 4 Days 7 Days 7 Days 2 Days 7 Days 3 Days 17 Days 3 Days 10 Days 14 Days 14 Days ii im: izi 1 St)! Id or New England New England For brochure giving you complete details, write or call today Tour includes all transportation, overnight accommoda tions, certain meals, sightseeing attractions, tips, taxes. AAA WORLD WIDE TRAVEL AGENCY Northern Border Pipeline Company Managing Partner Northam Plain Natural Gat Company North Dakota Automobile Club KirkwoodPlazall o.AAARrK 1 800-732 1246 223-6660 BISAAAKQ.K. Toll Free in N.D.

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