Koapke v. Herfendal

20020177 Vee Ann Koapke, Plaintiff and Appellant
v.
David A. Herfendal, DDS, Defendant and Appellee
and
Gerard F. Koorbusch, DDS, MBA, Defendant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary A. Holum
Nature of Action: Malpractice
Counsel:
Appellant: #McKechnie Law Office, P.C.
Appellee: Vogel Law Firm
Term: 10/2002   Argument: 10/31/2002  10:45am
ND cite: 2003 ND 64
NW cite: 660 N.W.2d 206

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
At the essence of this case is the following proposition: can a North Dakota dentist commit malpractice and be insulated from liability because he referred the patient to an oral surgeon to carry out the dentist's treatment plan? The Trial Court said yes, Vee Ann Koapke respectfully disagrees.
A. MATERIAL FACTS IN DISPUTE:
Vee Ann Koapke strongly disagrees that she received any independent treatment plan from Dr. Koorbusch. Further, Vee Ann Koapke disagrees that she received informed consent for the full mouth extraction and dentures treatment plan from Dr. Koorbusch. The only informed consent received from Dr. Koorbusch was fro the surgical procedure and complications.
B. CAUSATION:
Do the actions of a non-negligent oral surgeon act as a shield for a negligent dentist when the oral surgeon carries out the dentist's negligently prepared treatment plan and damages resulted under North Dakota law.
C. SEVERAL LIABILITY:
North Dakota's several liability law requires a jury to apportion fault and damages among the parties and non-parties involved in the claim.

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Docket entries:
107/10/2002 NOTICE OF APPEAL: 07/09/2002
209/10/2002 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
308/08/2002 RECORD ON APPEAL
408/16/2002 APPELLANT BRIEF
508/16/2002 APPELLANT APPENDIX
608/19/2002 DISK - atb
709/18/2002 APPELLEE BRIEF
809/18/2002 APPELLEE APPENDIX
909/18/2002 DISK of AEB
1009/26/2002 SITTING WITH THE COURT: McClintock, Jr., John C.
1110/31/2002 APPEARANCES: William E. McKechnie; Brenda L. Blazer
1210/31/2002 ARGUED: McKechnie; Blazer (Vol. Y; Page 49)
1310/31/2002 ORAL ARGUMENT WEBCAST
1404/17/2003 DISPOSITION: AFFIRMED
1504/17/2003 SPLIT OPINION: Sandstrom, Dale V.
1604/17/2003 (DISSENT): Maring, Mary Muehlen: DISSENT
1704/17/2003 (Join DISSENT): Neumann, William A.: JN/DIS
1804/17/2003 Costs on appeal taxed in favor of appellee
1904/17/2003 Judgment mailed to parties Judgment Mailed to Parties
2005/13/2003 MANDATE
2105/16/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2208/05/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/30/2014