Jaskoviak v. Gruver
Steven Jaskoviak, Plaintiff and Appellant
Daniel Gruver, M.D., Defendant and Appellee
Health Systems, Defendant
South Central Judicial District,
Judge Bruce B. Haskell
|Nature of Action:||Malpractice|
|Term:||09/2001  Argument: 09/18/2001|
|ND cite:||2002 ND 1|
638 N.W.2d 1
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20010065 RSS|
|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|
|31||01/30/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|32||08/09/2007 EXPUNGED - Nonpermanent record items destroyed|