Jaskoviak v. Gruver
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| 20010065 |
Steven Jaskoviak, Plaintiff and Appellant
v.
Daniel Gruver, M.D., Defendant and Appellee
and
Medcenter One
Health Systems, Defendant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Bruce B. Haskell |
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Nature of Action: |
Malpractice
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| Counsel: |
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| Term: |
09/2001 Argument: 09/18/2001 10:45am
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| ND cite: |
2002 ND 1
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| NW cite: |
638 N.W.2d 1
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| Issues: |
Appellant's Statement of the Issues:
I. Did the trial court err in granting defendant Gruver's Motion for Summary Judgment?
II. Did the trial court err in denying plaintiff Jaskoviak's Motion for Reconsideration?
III. Is this case appealable to the North Dakota Supreme Court?
Appellee's Statement of the Issues:
1. Whether a judgment dismissing an action without prejudice is appealable when the statute of limitations has run?
2. Was the claim of lack of informed consent properly before the trial court when an amended complaint had never been served and filed by the plaintiff?
3. Were the claims of lack of medical negligence and lack of informed consent properly dismissed by summary judgment by the trial court based on the evidence before the court?
4. Was the motion for reconsideration providing Dr. Bell's opinion after judgment had been entered properly considered and denied by the trial court?
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| 1 | | 03/14/2001 | |
NOTICE OF APPEAL: 03/12/2001 |
| 2 | | 03/14/2001 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 3 | | 04/16/2001 | |
RECORD ON APPEAL, not received with the record was No. 16 (Brief and Affidavit of Robert Bolinske |
| 4 | | 04/16/2001 | |
for an Extension of Time to Respond to Defendant Medcenter One Health System's Motion to Dismiss |
| 5 | | 04/23/2001 | |
MOT. EXT/TIME APPELLANT BRIEF W/BRIEF IN SUPPORT |
| 6 | | 04/23/2001 | |
ACTION BY CLERK (MAT) (counsel advised OA will likely be scheduled in Sept. or Oct.). Granted: 05/16/2001 |
| 7 | | 05/15/2001 | |
APPELLANT BRIEF |
| 8 | | 05/15/2001 | |
APPELLANT APPENDIX |
| 9 | | 05/21/2001 | |
DISK - ATB |
| 10 | | 06/14/2001 | |
APPELLEE BRIEF |
| 11 | | 06/14/2001 | |
APPELLEE APPENDIX |
| 12 | | 06/13/2001 | |
STIPULATION FOR DISMISSAL OF MEDCENTER ONE HEALTH SYSTEMS |
| 13 | | 06/19/2001 | |
ACTION BY CLERK (Dismissal of MedCenter One Health Systems). Granted |
| 14 | | 06/19/2001 | |
Order of Dismissal of MedCenter One Health Systems Mailed to Parties |
| 15 | | 06/21/2001 | |
Corrected p.ii of TOA & p.10 of AEB |
| 16 | | 06/21/2001 | |
DISK - aeb |
| 17 | | 07/02/2001 | |
Combined Notice of Motion, Motion, & Brief In Support of Motion for Ext/Time/File RYB |
| 18 | | 07/02/2001 | |
ACTION BY CLERK. Granted: 07/17/2001 |
| 19 | | 07/17/2001 | |
REPLY BRIEF |
| 20 | | 07/17/2001 | |
DISK of RYB |
| 21 | | 08/10/2001 | |
SITTING WITH THE COURT: McLees, William W. |
| 22 | | 09/14/2001 | |
Request for Radio/TV Coverage - AP (e-mail from Jack McDonald dated 9-14-01) (APPROVED) |
| 23 | | 09/18/2001 | |
APPEARANCES: submitted on brief for AT; Robert J. Udland |
| 24 | | 09/18/2001 | |
ARGUED: Udland (Vol X; Page 157) |
| 25 | | 09/18/2001 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 01/03/2002 | |
DISPOSITION: REVERSED AND REMANDED |
| 27 | | 01/03/2002 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 28 | | 01/03/2002 | |
Costs on appeal taxed in favor of appellant |
| 29 | | 01/07/2002 | |
Order/Judgment Mailed to Parties |
| 30 | | 01/25/2002 | |
MANDATE |
| 31 | | 01/30/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 32 | | 08/09/2007 | |
EXPUNGED - Nonpermanent record items destroyed |