Van Klootwyk v. Baptist Home
Wilhelm, Greg Wilhelm, as
heirs and representatives
of the Estate of Gladys Wilhelm,
deceased; and Michelle Van
Klootwyk, Jim Wilhelm, and
Greg Wilhelm, as survivors
of Gladys Wilhelm, deceased, Plaintiffs and Appellants
v.
Baptist Home, Inc., a North
Dakota non-profit corporation, Defendant and Appellee
Judge Donald L. Jorgensen
| Appellant: | Chapman and Chapman, P.C. | |
| Appellee: | Storslee Law Firm, P.C. |
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I. Did the trial court err in its determination that an action, commenced by Plaintiffs against a nursing home, was covered by the provisions of Section 28-01-46, N.D.C.C.?
II. Did the trial court err in declining to accept the Affidavit of Plaintiffs' expert witness, in satisfaction of the requirements of Section 28-01-46, N.D.C.C., even though Plaintiffs claimed surprise arising from the failure of said statute to make any reference to an action against a nursing home, and even though discovery depositions of the nursing home's employees were not completed until approximately eighty-five (85) days prior to the filing of the Affidavit?
III. Did the trial court err in allowing the Defendant to recover the costs of expert witnesses, even though the Defendant failed to move for a dismissal, under Section 28- 01-46, N.D.C.C., until seventeen (17) months after commencement of the action?
Appellee's Statement of the Issues:
1. Did the District Court err by dismissing the Plaintiffs' Complaint without prejudice?
2. Was the District Court's award of costs to the defendant an abuse of discretion?
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