Beaudoin v. South Texas Blood & Tissue Center
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| 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
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| Counsel: |
| Appellant: | |
#Schmitz & Schmidt
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| Appellee: | |
Vogel Law Firm
|
| Appellant: | |
Lawyer not licensed in N.D.
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| Appellant: | |
Lawyer not licensed in N.D.
|
| Appellant: | |
Lawyer not licensed in N.D.
|
|
| Term: |
12/2003 Argument: 12/10/2003 01:30pm
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| ND cite: |
2004 ND 49
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| NW cite: |
676 N.W.2d 103
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 05/23/2003 | |
NOTICE OF APPEAL: 05/20/2003 |
| 2 | | 05/23/2003 | |
ORDER FOR TRANSCRIPT: 05/20/2003 |
| 3 | | 05/23/2003 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 05/23/2003 | |
Amended Order for Transcript |
| 5 | | 06/20/2003 | |
RETENTION OF RECORD ON APPEAL: 07/09/2003 |
| 6 | | 06/20/2003 | |
TRANSCRIPT DATED March 17, 2003 |
| 7 | | 06/23/2003 | |
DISK - TRA of Mar. 17, 2003 |
| 8 | | 06/24/2003 | |
RECORD ON APPEAL |
| 9 | | 06/25/2003 | |
Referred by Clerk's Office--Appealability. RspDue: 07/09/2003 |
| 10 | | 07/08/2003 | |
Letter dated July 7, 2003, from Michael Andrews |
| 11 | | 07/09/2003 | |
Response Filed by Orell D. Schmitz |
| 12 | | 07/21/2003 | |
MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support |
| 13 | | 07/23/2003 | |
ACTION BY CLERK (MAT). Granted: 08/13/2003 |
| 14 | | 07/23/2003 | |
NO ACTION TAKEN (MCL) |
| 15 | | 08/13/2003 | |
APPELLANT BRIEF |
| 16 | | 08/13/2003 | |
APPELLANT APPENDIX |
| 17 | | 08/14/2003 | |
DISK - atb (e-mailed) |
| 18 | | 08/15/2003 | |
Corrected covers for ATB & ATA |
| 19 | | 08/27/2003 | |
PETITION FOR ADMISSION OF KAY NORD HUNT TO THE BAR OF ND - BASED ON MOTION; AFF. IN SUPPORT |
| 20 | | 08/27/2003 | |
ACTION BY CLERK (permission to appear in this case in Supreme Ct. is granted). Granted |
| 21 | | 08/27/2003 | |
PETITION FOR ADMISSION OF DIANE M. ODEEN TO THE BAR OF ND - BASED ON MOTION; AFF. IN SUPPORT |
| 22 | | 08/27/2003 | |
ACTION BY CLERK (permission to appear in this case in the Supreme Ct. is granted). Granted |
| 23 | | 09/02/2003 | |
Petition for Admission of Robert J. King, Jr. to the Bar of ND & Affid/Support |
| 24 | | 09/02/2003 | |
ACTION BY CLERK (permission for Mr. King to appear in this case). Granted |
| 25 | | 09/03/2003 | |
Letter from Board of Law Examiners to Mr. King Re: payment of $100 fee |
| 26 | | 09/08/2003 | |
Original Affidavit of Service by Mail dated 9-4-03 of Petitions for Admission & Aff/Support. |
| 27 | | 09/10/2003 | |
MOT. & BRIEF FOR EXT/TIME APPELLEE BRIEF |
| 28 | | 09/10/2003 | |
ACTION BY CLERK. Granted: 09/26/2003 |
| 29 | | 09/24/2003 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 30 | | 09/24/2003 | |
ACTION BY Chief Deputy Clerk. Granted: 10/03/2003 |
| 31 | | 10/03/2003 | |
APPELLEE BRIEF |
| 32 | | 10/03/2003 | |
APPELLEE APPENDIX |
| 33 | | 10/06/2003 | |
Original and seven copies of corrected page 39 for Appellee's Brief |
| 34 | | 10/07/2003 | |
DISK - AEB (e-mailed) |
| 35 | | 10/17/2003 | |
REPLY BRIEF |
| 36 | | 10/17/2003 | |
Corrected Table of Contents and Table of Authorities for ATB (inserted) |
| 37 | | 10/27/2003 | |
Copies of Corrected Table of Authorities and pages for the Reply Brief - Inserted |
| 38 | | 10/27/2003 | |
DISK - RYB |
| 39 | | 10/27/2003 | |
DISK - ATB (corrected disk) |
| 40 | | 11/25/2003 | |
Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 11-24-03) (AUTHORZIED) |
| 41 | | 11/26/2003 | |
SITTING WITH THE COURT: Foughty, Donovan John |
| 42 | | 12/02/2003 | |
MOTION TO BE EXCUSED FROM ORAL ARGUMENT (e-mailed) |
| 43 | | 12/02/2003 | |
E-FILED MOTION TO BE EXCUSED FROM ORAL ARGUMENT |
| 44 | | 12/02/2003 | |
ACTION BY CHIEF JUSTICE (Orell Schmitz is excused from attendance at oral argument). Granted |
| 45 | | 12/10/2003 | |
APPEARANCES:Kay Nord Hunt and Michael T. Andrews |
| 46 | | 12/10/2003 | |
ARGUED: Hunt; Andrews (Vol. Y; Page 183) |
| 47 | | 12/10/2003 | |
ORAL ARGUMENT WEBCAST |
| 48 | | 03/01/2004 | |
DISPOSITION: REVERSED AND REMANDED |
| 49 | | 03/01/2004 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 50 | | 03/01/2004 | |
Costs on appeal taxed in favor of appellant |
| 51 | | 03/01/2004 | |
Judgment Mailed to Parties |
| 52 | | 03/24/2004 | |
MANDATE |
| 53 | | 03/29/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 54 | | 10/05/2010 | |
EXPUNGED - Nonpermanent record items destroyed |