West River Striping: A Case Study

At this time, we anticipate retaining a safety expert to provide testimony regarding measures Mr. Arveson and West River Striping should have taken including implementing the use of lights, reflective devices or flags on the painting vehicle or the use of an accompanying vehicle to alert others on the runway of Mr. Arveson’s presence. Further, if Plaintiff continues to assert Mr. Anderson did not have his headlights on at the time of the occurrence, we will require a forensic examination of the headlights. Finally, if Plaintiff alleges Mr. Anderson had sufficient time to avoid a collision, we may require an expert to provide testimony regarding perception delay and reaction time.

3. Critical Damage Issues

Plaintiff brings this cause of action pursuant to North Dakota’s wrongful death statute. N.D. Cent. Code § 32-03.2-04. Plaintiff did not allege a survival action as the evidence indicates the decedent died instantly. …show more content…
Our investigation reveals Mr. Arveson was married to Plaintiff, Carrie (Aldridge) Arveson, on May 7, 1990. Plaintiff’s attorney informed us Mr. Arveson had no children and Plaintiff is the decedent’s sole heir, although she has an adult child, Tiffany Aldridge, from a prior relationship.

In accordance with North Dakota law, a plaintiff can recover economic and non-economic damages in a wrongful death case. Potential economic damages include: loss of income or support, burial costs, cost of substitute domestic services, and other monetary losses. Potential non-economic damages include: mental anguish, emotional distress, loss of society or companionship and other non-pecuniary damages. N.D. Cent. Code §