Vandall v. Trinity Hospitals

20030255 Michael T. Vandall, M.D., Plaintiff and Appellant
v.
Trinity Hospitals, a
corporation, and
Margaret C. Nordell, M.D., Defendants and Appellees

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Douglas L. Mattson
Nature of Action: Contracts
Counsel:
Appellee: Pringle & Herigstad, P.C.
Appellee: Zuger Kirmis & Smith
Appellee: Lawyer not licensed in N.D.
Appellant: William P. Zuger
Term: 12/2003   Argument: 12/11/2003  10:45am
ND cite: 2004 ND 47
NW cite: 676 N.W.2d 88

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. The Complaint states a cause of action upon which relief may be granted against Trinity for the common law tort of retaliation, for retaliating against Dr. Vandall for actions taken by him in furtherance of statutorily grounded public policies.
2. The Complaint states a cause of action upon which relief may be granted against Dr. Margaret Nordell for the common law tort of wrongful initiation and continuation of administrative proceedings.
3. The Complaint states a cause of action upon which relief may be granted against Trinity and Dr. Margaret Nordell for the common law tort of intentional infliction of emotional distress.
4. The trial court's award of attorneys' fees to Trinity is devoid of lawful justification.
5. Appointment of new presiding judge on remand.

Appellee's Statement of the Issues:
I. Dr. Vandall's Claim For Wrongful Use Of Civil Proceedings Was Correctly Dismissed Because He Failed to Establish The Threshold Element That Dr. Nordell Initiated, Continued, Or Procured A Civil Proceeding Against Him
A. North Dakota Medical Board
B. Trinity's Quality Assurance Committee
C. American College of Obstetricians And Gynecologists
II. Dr. Vandall's Claim For Intentional Infliction of Emotional Distress Was Correctly Dismissed Because He Failed To Establish The Threshold Element of "Extreme And Outrageous" Conduct
III. If This Court Affirms That The Trial Court Correctly Applied The Law When It Dismissed Dr. Vandall's Complaint Under Rule 12(b)(vi), Dr. Vandall's Request For Recusal Of The Trial Court Judge On Remand is Moot

Appellee's Statement of the Issues:
1. Whether the trial court properly dismissed Dr. Vandall's retaliatory discharge claim because it was not filed within the statute of limitations.
2. Whether the trial court properly held that Dr. Vandall's common law claim for retaliatory discharge is preempted by N.D.C.C.  34-01-20(3), and that even if the claim is not preempted, Dr. Vandall failed to state a claim because he was not an at-will employee and no discharge occurred as a matter of law.
3. Whether the trial court, acting in its role as a gatekeeper, properly dismissed Dr. Vandall's claim of intentional infliction of emotional distress for failure to sufficiently allege outrageous conduct.
4. Whether the trial court properly awarded a portion of Trinity's attorneys' fees pursuant to N.D.C.C.  34-01-20(3).
5. Whether, in the event of remand, a new presiding trial judge should be appointed.
Add Docket 20030255 RSS Add Docket 20030255 RSS

Docket entries:
109/04/2003 NOTICE OF APPEAL: 09/03/2003
209/09/2003 ORDER FOR TRANSCRIPT & Receipt signed by Renee Hermanson: 09/08/2003
309/09/2003 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
409/09/2003 ACTION BY CLERK (sua sponte). Granted: 10/13/2003
510/07/2003 RETENTION OF RECORD ON APPEAL: 10/28/2003
610/09/2003 Letter from William P. Zuger dated 10/8/03 with attached copy of Notice of Withdrawal &
710/09/2003 Substitution of Counsel (Craig R. Campbell replaces William Zuger)
810/13/2003 APPELLANT BRIEF
910/13/2003 APPELLANT APPENDIX
1010/14/2003 DISK - atb
1110/15/2003 TRANSCRIPT DATED April 15, 2003
1210/16/2003 DISK - tra (4-15-03)
1310/17/2003 8 corrected covers for ATA
1410/17/2003 RECORD ON APPEAL & separates
1511/17/2003 APPELLEE BRIEF w/ attached Addendum (Nordell)
1611/17/2003 DISK - aeb (Nordell)
1711/17/2003 APPELLEE BRIEF (Trinity Hospitals)
1811/17/2003 APPELLEE APPENDIX (Trinity Hospitals)
1911/18/2003 DISK - aeb (Trinity Hospitals)
2011/18/2003 Faxed copy of Supplemental Affidavit of James B. Lynch w/ copy of Affidavit of James B. Lynch
2111/19/2003 Supplemental Affidavit of James B. Lynch, w/copy of Affidavit of James B. Lynch
2211/19/2003 ACTION BY CHIEF JUSTICE (Mr. Hogue's presence is excused; under Rule 11.1, Mr. Lynch is authorized. Granted
2311/19/2003 to appear)
2411/25/2003 Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 11-24-03) (AUTHORIZED)
2511/26/2003 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
2611/26/2003 SITTING WITH THE COURT: Hodny, William F.
2712/11/2003 APPEARANCES: Craig R Campbell, James B. Lynch, Tracy L. Vigness, and Lance D. Schreiner
2812/11/2003 ARGUED: Campbell; Lynch and Vigness Kolb (Vol. Y; Page 184)
2912/11/2003 ORAL ARGUMENT WEBCAST
3002/13/2004 Notice of Withdrawal and Substitution of Counsel (Craig Campbell has withdrawn as counsel and
3101/13/2004 William P. Zuger has now been substituted as counsel for Appellant)
3202/27/2004 DISPOSITION: AFFIRMED/PT, REVERSED/PT
3302/27/2004 UNANIMOUS OPINION: VandeWalle, Gerald W.
3402/27/2004 At the direction of the Court no costs will be taxed in this appeal
3503/27/2004 Judgment Mailed to Parties
3603/22/2004 MANDATE
3708/10/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3811/23/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/01/2014