Beaudoin v. South Texas Blood & Tissue Center

20030148 Michael Beaudoin, Plaintiff and Appellant
v.
South Texas Blood
& Tissue Center, Defendant and Appellee

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Zane Anderson
Nature of Action: Personal Injury
Counsel:
Appellant: #Schmitz & Schmidt
Appellee: Vogel Law Firm
Appellant: Lawyer not licensed in N.D.
Appellant: Lawyer not licensed in N.D.
Appellant: Lawyer not licensed in N.D.
Term: 12/2003   Argument: 12/10/2003  1:30pm
ND cite: 2004 ND 49
NW cite: 676 N.W.2d 103

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Michael Beaudoin suffered serious medical complications from an E. coli infection after implantation of a patella tendon in his knee. Medical evidence indicates that the infection was caused by the tendon supplied by South Texas Blood & Tissue Center. Mr. Beaudoin's Complaint against South Texas alleges a number of claims, including "negligence and/or willful misconduct." Does this claim sound in medical malpractice so that the two-year statute of limitations applies?
II.The process server asked for a person authorized to accept legal papers, and served Mr. Beaudoin's Summons and Complaint on the Executive Office Manager of the San Antonio office of South Texas Blood & Tissue Center. The District Court held that this was not a person authorized to receive service of process under Rule 4. Based on this finding, the District Court held that service was improper and it therefore lacked jurisdiction over South Texas. May a process server rely upon the conduct of a defendant and its agents when serving a summons and complaint?
III.South Texas Blood & Tissue Center delivered a tendon to Dickinson, North Dakota, for implantation in a North Dakota resident. Is it fair to hale South Texas into court in this jurisdiction based upon damages that ensued when the tendon caused an E. coli infection in the recipient?
IV.The Executive Office Manager who received the Summons and Complaint immediately delivered it to the President and CEO of South Texas Blood & Tissue Center. The documents were also routed to several vice presidents before being misfiled. Does this error on the part of South Texas justify vacation of an otherwise valid default judgment?

Appellee's Statement of the Issues:
I. Is the district court's Judgment of Dismissal Without Prejudice appealable?
II. Did the District Court properly vacate the December 27, 2002 Default Judgment and dismiss Beaudoin's complaint?
III. Did STBT have sufficient minimum contacts with North Dakota to justify the exercise of personal jurisdiction over it?

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Docket entries:
105/23/2003 NOTICE OF APPEAL: 05/20/2003
205/23/2003 ORDER FOR TRANSCRIPT: 05/20/2003
305/23/2003 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
405/23/2003 Amended Order for Transcript
506/20/2003 RETENTION OF RECORD ON APPEAL: 07/09/2003
606/20/2003 TRANSCRIPT DATED March 17, 2003
706/23/2003 DISK - TRA of Mar. 17, 2003
806/24/2003 RECORD ON APPEAL
906/25/2003 Referred by Clerk's Office--Appealability. RspDue: 07/09/2003
1007/08/2003 Letter dated July 7, 2003, from Michael Andrews
1107/09/2003 Response Filed by Orell D. Schmitz
1207/21/2003 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support
1307/23/2003 ACTION BY CLERK (MAT). Granted: 08/13/2003
1407/23/2003 NO ACTION TAKEN (MCL)
1508/13/2003 APPELLANT BRIEF
1608/13/2003 APPELLANT APPENDIX
1708/14/2003 DISK - atb (e-mailed)
1808/15/2003 Corrected covers for ATB & ATA
1908/27/2003 PETITION FOR ADMISSION OF KAY NORD HUNT TO THE BAR OF ND - BASED ON MOTION; AFF. IN SUPPORT
2008/27/2003 ACTION BY CLERK (permission to appear in this case in Supreme Ct. is granted). Granted
2108/27/2003 PETITION FOR ADMISSION OF DIANE M. ODEEN TO THE BAR OF ND - BASED ON MOTION; AFF. IN SUPPORT
2208/27/2003 ACTION BY CLERK (permission to appear in this case in the Supreme Ct. is granted). Granted
2309/02/2003 Petition for Admission of Robert J. King, Jr. to the Bar of ND & Affid/Support
2409/02/2003 ACTION BY CLERK (permission for Mr. King to appear in this case). Granted
2509/03/2003 Letter from Board of Law Examiners to Mr. King Re: payment of $100 fee
2609/08/2003 Original Affidavit of Service by Mail dated 9-4-03 of Petitions for Admission & Aff/Support.
2709/10/2003 MOT. & BRIEF FOR EXT/TIME APPELLEE BRIEF
2809/10/2003 ACTION BY CLERK. Granted: 09/26/2003
2909/24/2003 MOT. EXT/TIME APPELLEE BRIEF
3009/24/2003 ACTION BY Chief Deputy Clerk. Granted: 10/03/2003
3110/03/2003 APPELLEE BRIEF
3210/03/2003 APPELLEE APPENDIX
3310/06/2003 Original and seven copies of corrected page 39 for Appellee's Brief
3410/07/2003 DISK - AEB (e-mailed)
3510/17/2003 REPLY BRIEF
3610/17/2003 Corrected Table of Contents and Table of Authorities for ATB (inserted)
3710/27/2003 Copies of Corrected Table of Authorities and pages for the Reply Brief - Inserted
3810/27/2003 DISK - RYB
3910/27/2003 DISK - ATB (corrected disk)
4011/25/2003 Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 11-24-03) (AUTHORZIED)
4111/26/2003 SITTING WITH THE COURT: Foughty, Donovan John
4212/02/2003 MOTION TO BE EXCUSED FROM ORAL ARGUMENT (e-mailed)
4312/02/2003 E-FILED MOTION TO BE EXCUSED FROM ORAL ARGUMENT
4412/02/2003 ACTION BY CHIEF JUSTICE (Orell Schmitz is excused from attendance at oral argument). Granted
4512/10/2003 APPEARANCES:Kay Nord Hunt and Michael T. Andrews
4612/10/2003 ARGUED: Hunt; Andrews (Vol. Y; Page 183)
4712/10/2003 ORAL ARGUMENT WEBCAST
4803/01/2004 DISPOSITION: REVERSED AND REMANDED
4903/01/2004 UNANIMOUS OPINION: VandeWalle, Gerald W.
5003/01/2004 Costs on appeal taxed in favor of appellant
5103/01/2004 Judgment Mailed to Parties
5203/24/2004 MANDATE
5303/29/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
5410/05/2010 EXPUNGED - Nonpermanent record items destroyed

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