Rentz v. BNSF Railway Company

Summary

The North Dakota Supreme Court reversed a jury verdict and money judgment for David Rentz against BNSF Railway Company in a railroad-crossing negligence action. The Court held that the trial court erred by allowing BNSF's designated trial representative, who lacked personal knowledge, to testify about BNSF's vegetation-control policies and related corporate decisions. Because the error affected BNSF's substantial right to a fair trial, the Court remanded for a new trial.

Holdings

1. Designation of a corporate representative to remain in the courtroom under N.D.R.Ev. 615(b) does not eliminate the requirement that a lay witness have personal knowledge of the matters about which the witness testifies. The Rule 615 designation is not a substitute for the organizational deposition process under N.D.R.Civ.P. 30(b)(6).
2. The error in permitting Guitian to testify outside his personal knowledge affected BNSF's substantial right to a fair trial and required reversal of the judgment and a new trial.

Questions Presented

1. Whether a lay witness designated as a corporation's trial representative under N.D.R.Ev. 615(b) may be examined about corporate policies and decisions outside the witness's personal knowledge.
2. Whether the trial court's admission of testimony outside the witness's personal knowledge affected BNSF's substantial right to a fair trial and required a new trial.
3. Whether the use of deposition clips, BNSF's internal operating procedures, and the investigating trooper's opinion testimony constituted reversible error.

Disposition

reversed_and_remanded