Johnson v. City of Jamestown , 2023 ND 87 ( 2023 )

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
MAY 9, 2023
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2023 ND 87Timothy A. Johnson, Plaintiff and Appellant
v.
City of Jamestown, a Municipality
in the State of North Dakota, Defendant and Appellee
No. 20220283
Appeal from the District Court of Stutsman County, Southeast Judicial
District, the Honorable Cherie L. Clark, Judge.
AFFIRMED.
Per Curiam.
Timothy C. Lamb, Grand Forks, N.D., for plaintiff and appellant.
Brian D. Schmidt (argued) and Scott K. Porsborg (on brief), Bismarck, N.D.,
for defendant and appellee.
Johnson v. City of Jamestown
No. 20220283
Per Curiam.
[¶1] Timothy Johnson appeals from a judgment dismissing his personal
injury action against the City of Jamestown entered after a jury found he did
not sustain a serious injury as a result of a motor vehicle collision with a City-
owned vehicle. Johnson argues the district court erred in admitting and
excluding evidence, the district court judge should have recused herself, and
his due process rights were violated. We conclude the district court did not
abuse its discretion in admitting and excluding evidence and Johnson is
precluded from raising the recusal and due process issues for failure to raise
them in the district court. Franciere v. City of Mandan, 2020 ND 143, ¶ 24, 945
N.W.2d 251 (“Because alleged judicial bias was not raised in the district court,
we will not address it for the first time on appeal.”); Matter of Didier, 2019
ND 263, ¶ 11, 934 N.W.2d 417 (concluding that appellant’s failure to raise
constitutional due process issue in the district court was sufficient for this
Court to decline review on appeal). We summarily affirm under N.D.R.App.P.
35.1(a)(4) and (7).
[¶2] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
1