Trinity Hospitals v. Mattson
non-profit corporation, Petitioners
v.
The Honorable Douglas L. Mattson,
Judge of the District Court,
Northwest Judicial District, and
Laura Phillips, as Co-Personal
Representative, of the Estate of
Eleanor Neiss and on behalf of
the Heirs at Law of Eleanor Neiss, Respondents
| Respondent: | Maring Williams Law Office | |
| Petitioner: | Vogel Law Firm |
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I. RELIEF SOUGHT AND ISSUE PRESENTED Petitioner Trinity Hospitals, by and through its Attorneys, respectfully requests this Court take original jurisdiction of the above-referenced matter pursuant to its general superintending control over its inferior courts. Petitioner seeks a Supervisory Writ, as the District Court's February 9, 2006 Memorandum Opinion Denying Petitioner's Motion for Summary Judgment, and April 20, 2006 Order Denying Motion for Reconsideration and Continuance of Trial, are unsupported by law, and create an injustice for which Petitioner has no adequate alternative remedy. Petitioner respectfully requests this Court take original jurisdiction of the above-referenced matter, and reverse the District Court's denial of Petitioner's Motion for Summary Judgment. The issue presented by this Petition is the applicability of the exclusive-remedy provisions of the Workforce Safety and Insurance Act (specifically whether an injured employee may recover Workforce Safety and Insurance benefits from an employer that is an integrated healthcare system, and then sue for the same injuries one of the corporations within that integrated healthcare system), and the concomitant immunity of Trinity Hospitals from suit, not merely from liability.
Appellee's Statement of the Issues:
1. Petitioner Trinity Hospitals requests that the Court take original jurisdiction of this matter under N.D.C.C. 27-02-04, exercising its control over the District Court by issuing a supervisory writ. It is respondent Laura Phillips' position, as Co-Personal Representative of the Estate of Eleanor Neiss and on behalf of the Heirs at Law of Eleanor Neiss (Phillips), that the District Court did not err in refusing to grant Trinity Hospital's Motion for Summary Judgment and in failing to grant Trinity Hospital's Motion for Reconsideration and Continuance of Trial. Phillips asks the Court to deny the supervisory writ sought by Trinity Hospitals.
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