Hoffner v. Johnson
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| 20020208 |
Monte L. Hoffner and
Kris Hoffner, Plaintiffs and Appellants
v.
George M. Johnson, M.D.
and Fargo Clinic/MeritCare, Defendants and Appellees
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Lester Ketterling |
|
Nature of Action: |
Malpractice
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| Counsel: |
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| Term: |
11/2002 Argument: 11/21/2002 10:45am
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| ND cite: |
2003 ND 79
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| NW cite: |
660 N.W.2d 909
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1) There are factual issues in dispute as to whether Dr. Johnson should be equitably estopped from asserting the statute of limitations as a defense
2) There are factual issues in dispute as to whether there was a continuing course of treatment which would not trigger the 2-year statute of limitation period until December 27, 1999
3) There are genuine issues of material fact concerning whether the plaintiff knew, or reasonably should have known, of his injury, the cause, and the defendants' possible negligence before December 27, 1999
4) Whether the North Dakota medical malpractice 6-year statute of repose violates North Dakota's constitutional equal protection guarantee
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| 1 | | 08/09/2002 | |
NOTICE OF APPEAL: 08/07/2002 |
| 2 | | 09/09/2002 | |
RECORD ON APPEAL (w/exception of Clerk's Cert. No. 27 - Tape) |
| 3 | | 09/09/2002 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 09/13/2002 | |
APPELLANT BRIEF |
| 5 | | 09/13/2002 | |
APPELLANT APPENDIX |
| 6 | | 09/19/2002 | |
Original signature page, corrected TOA & pages for ATB. Corrected TOC & docket sheets for ATA |
| 7 | | 09/19/2002 | |
DISK - ATB |
| 8 | | 10/14/2002 | |
APPELLEE BRIEF |
| 9 | | 10/15/2002 | |
DISK - AEB |
| 10 | | 10/18/2002 | |
Ltr from Douglas A. Bahr, AG's Office, dtd 10-17-02, stating they will not be filing a separate |
| 11 | | 10/18/2002 | |
brief in regard to constitutionality issue. |
| 12 | | 10/29/2002 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 13 | | 10/30/2002 | |
REPLY BRIEF |
| 14 | | 10/31/2002 | |
DISK - RYB |
| 15 | | 11/21/2002 | |
APPEARANCES: Lee R. Bissonette, Scott K. Porsborg, Crystal Hoffner; Angela E. Lord |
| 16 | | 11/21/2002 | |
ARGUED: Bissonette; Lord (Vol. Y; Page 57) |
| 17 | | 11/21/2002 | |
ORAL ARGUMENT WEBCAST |
| 18 | | 11/25/2002 | |
MOTION TO SUBSTITUTE PARTIES |
| 19 | | 12/06/2002 | |
Opposition to Appellants' Motion to Substitute Parties (Part of Motion to Dismiss) |
| 20 | | 12/06/2002 | |
MOTION TO DISMISS (part of Opposition to Appellants' Motion to Substitute Parties) |
| 21 | | 12/13/2002 | |
APPELLANT'S BRIEF IN OPPOSITION TO MOTION TO DISMISS (to be considered w/the merits) |
| 22 | | 12/19/2002 | |
Reply Brief in Support of Motion to Dismiss |
| 23 | | 05/12/2003 | |
NO ACTION TAKEN (Motion to Dismiss) |
| 24 | | 05/12/2003 | |
ACTION BY SUPREME COURT (Motion to Substitute Parties). Denied |
| 25 | | 05/12/2003 | |
DISPOSITION: AFFIRMED |
| 26 | | 05/12/2003 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 27 | | 05/12/2003 | |
(DISSENT): Maring, Mary Muehlen: DISSENT |
| 28 | | 05/12/2003 | |
(JOIN DISSENT): Neumann, William A.: JN/DIS |
| 29 | | 05/12/2003 | |
COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE |
| 30 | | 05/13/2003 | |
Judgment Mailed to Parties |
| 31 | | 06/05/2003 | |
MANDATE |
| 32 | | 06/10/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 33 | | 08/11/2008 | |
EXPUNGED - Nonpermanent record items destroyed |