Jaskoviak v. Gruver

20010065 Steven Jaskoviak, Plaintiff and Appellant
v.
Daniel Gruver, M.D., Defendant and Appellee
and
Medcenter One
Health Systems, Defendant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Malpractice
Counsel:
Appellant: Robert V. Bolinske
Appellee: Vogel Law Firm
Term: 09/2001   Argument: 09/18/2001  10:45am
ND cite: 2002 ND 1
NW cite: 638 N.W.2d 1

Listen to recording of oral argument in MP3 format

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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Docket entries:
103/14/2001 NOTICE OF APPEAL: 03/12/2001
203/14/2001 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
304/16/2001 RECORD ON APPEAL, not received with the record was No. 16 (Brief and Affidavit of Robert Bolinske
404/16/2001 for an Extension of Time to Respond to Defendant Medcenter One Health System's Motion to Dismiss
504/23/2001 MOT. EXT/TIME APPELLANT BRIEF W/BRIEF IN SUPPORT
604/23/2001 ACTION BY CLERK (MAT) (counsel advised OA will likely be scheduled in Sept. or Oct.). Granted: 05/16/2001
705/15/2001 APPELLANT BRIEF
805/15/2001 APPELLANT APPENDIX
905/21/2001 DISK - ATB
1006/14/2001 APPELLEE BRIEF
1106/14/2001 APPELLEE APPENDIX
1206/13/2001 STIPULATION FOR DISMISSAL OF MEDCENTER ONE HEALTH SYSTEMS
1306/19/2001 ACTION BY CLERK (Dismissal of MedCenter One Health Systems). Granted
1406/19/2001 Order of Dismissal of MedCenter One Health Systems Mailed to Parties
1506/21/2001 Corrected p.ii of TOA & p.10 of AEB
1606/21/2001 DISK - aeb
1707/02/2001 Combined Notice of Motion, Motion, & Brief In Support of Motion for Ext/Time/File RYB
1807/02/2001 ACTION BY CLERK. Granted: 07/17/2001
1907/17/2001 REPLY BRIEF
2007/17/2001 DISK of RYB
2108/10/2001 SITTING WITH THE COURT: McLees, William W.
2209/14/2001 Request for Radio/TV Coverage - AP (e-mail from Jack McDonald dated 9-14-01) (APPROVED)
2309/18/2001 APPEARANCES: submitted on brief for AT; Robert J. Udland
2409/18/2001 ARGUED: Udland (Vol X; Page 157)
2509/18/2001 ORAL ARGUMENT WEBCAST
2601/03/2002 DISPOSITION: REVERSED AND REMANDED
2701/03/2002 UNANIMOUS OPINION: Sandstrom, Dale V.
2801/03/2002 Costs on appeal taxed in favor of appellant
2901/07/2002 Order/Judgment Mailed to Parties
3001/25/2002 MANDATE
3101/30/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3208/09/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/19/2014