No specific laws identified for this ruling.
Appellate court affirmed district court judgment awarding plaintiff Tornabeni $145,536.53 from defendant Innis for breach of oral contract, and $477,521.49 jointly and severally from defendants Wold and RHS for unjust enrichment.
The existence and terms of an oral contract are findings of fact subject to the clearly erroneous rule. A district court's determination of whether the facts support a finding of unjust enrichment is fully reviewable on appeal. An award of damages for an unjust enrichment claim is reviewed under the clearly erroneous standard. Issues not raised in the district court are waived.
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Section 65-01-02(11)(a)(3), N.D.C.C., requires claimants to prove a compensable heart-related injury by showing with reasonable medical certainty their employment caused the injury and unusual stress was at least 50% of the cause of the injury. Objective medical evidence may not be established solely by deductive reasoning.
Claimants must prove by a preponderance of evidence that they have sustained a compensable injury and are entitled to workers' compensation benefits. A claimant must prove that the condition for which benefits are sought is "causally related" to a work injury. To establish a "causal connection," a claimant must demonstrate the claimant's employment was a substantial contributing factor to the injury and need not show employment was the sole cause of the injury. A compensable injury must be established by medical evidence supported by objective medical findings, which may include a physician's medical opinion based on an examination, a patient's medical history, and the physician's education and experience.
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