Ballensky v. Flattum-Riemers
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| 20050277 |
Jerric D. Ballensky, Plaintiff and Appellant
v.
Jan Marie Flattum-Riemers, M.D., Defendant and Appellee
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Hazen Memorial Hospital Association,
d/b/a Sakakawea Medical Center and
Missouri Slope Medical Arts, and
Missouri Slope Medical Arts, a
partnership of Jan Flattum-Riemers
and Roger Kulas, Defendants
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| Appeal from: |
District Court,
South Central Judicial District,
Mercer County
Judge Robert O. Wefald |
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Nature of Action: |
Malpractice
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| Counsel: |
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| Term: |
01/2006 Argument: 01/11/2006 01:30pm
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| ND cite: |
2006 ND 127
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| NW cite: |
716 N.W.2d 110
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did the district court err in granting the motion for summary judgment based upon a failure of meeting the two-year statute of limitations for medical malpractice?
2. Did the district court err in granting summary judgment on damages?
Appellee's Statement of the Issues:
1. Did the District Court properly grant Dr. Flattum-Riemers' Motion for Summary Judgment?
2. Could a reasonable juror conclude Dr. Flattum-Riemers caused Ballensky any harm?
3. Is service of the summons void, such that Ballensky's claims are barred by the statutes of limitations and repose?
4. Did Ballensky fail to proffer the requisite expert support for his medical negligence claim?
5. Is Dr. Flattum-Riemers immune from liability for reporting Ballensky's possible unlawful conduct?
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| 1 | | 08/23/2005 | |
NOTICE OF APPEAL: 08/22/2005 |
| 2 | | 08/23/2005 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 3 | | 09/21/2005 | |
RECORD ON APPEAL |
| 4 | | 10/03/2005 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 5 | | 10/03/2005 | |
ACTION BY CLERK (MAT). Granted: 10/16/2005 |
| 6 | | 10/17/2005 | |
APPELLANT BRIEF |
| 7 | | 10/17/2005 | |
APPELLANT APPENDIX |
| 8 | | 10/17/2005 | |
DISK - ATB (e-mailed) |
| 9 | | 11/16/2005 | |
MOT. & BRIEF EXT/TIME APPELLEE BRIEF |
| 10 | | 11/16/2005 | |
ACTION BY CLERK. Granted: 11/23/2005 |
| 11 | | 11/23/2005 | |
APPELLEE BRIEF |
| 12 | | 11/23/2005 | |
APPELLEE APPENDIX |
| 13 | | 11/23/2005 | |
DISK - aeb |
| 14 | | 12/08/2005 | |
MOT. EXT/TIME REPLY BRIEF |
| 15 | | 12/08/2005 | |
ACTION BY CLERK (MRY; OA will remain calendared for Jan. Term of Court). Granted: 12/21/2005 |
| 16 | | 12/23/2005 | |
SITTING WITH THE COURT: Anderson, Zane |
| 17 | | 01/06/2006 | |
Request for Radio/TV Coverage - AP (e-mail dated 1-06-06 from Dale Wetzel) Authorized |
| 18 | | 01/11/2006 | |
APPEARANCES: Michael R. Hoffman; Michael T. Andrews |
| 19 | | 01/11/2006 | |
ARGUED: Hoffman; Andrews |
| 20 | | 01/11/2006 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 06/05/2006 | |
DISPOSITION: REVERSED AND REMANDED |
| 22 | | 06/05/2006 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 23 | | 06/05/2006 | |
Costs on appeal taxed in favor of appellant |
| 24 | | 06/08/2006 | |
Judgment Mailed to Parties, trial court |
| 25 | | 06/27/2006 | |
MANDATE |
| 26 | | 06/29/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |