Trinity Hospitals v. Mattson

20060121 Trinity Hospitals, a North Dakota
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

Nature of Action: Writ of Supervision (Civil)
Counsel:
Respondent: Maring Williams Law Office
Petitioner: Vogel Law Firm
Term: 09/2006   Argument: 09/06/2006  2:45pm
ND cite: 2006 ND 231
NW cite: 723 N.W.2d 684

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
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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Docket entries:
104/24/2006 PETITION FILED
204/24/2006 DISK - PTF
304/24/2006 Petitioner's Appendix
404/24/2006 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
504/24/2006 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
604/24/2006 Affidavit of Service by hand delivery on David S. Maring
704/26/2006 Affidavits of Service by Mail On Judge Holte & Judge Mattson (2 Affidavits)
806/01/2006 RESPONDENT BRIEF (e-filed)
906/01/2006 E-FILED BRIEF (rpb)
1006/02/2006 7 cc made of RPB
1106/05/2006 Rec'd surcharge in correct amount
1206/09/2006 MOT. EXT/TIME REPLY BRIEF & Affidavit of service by e-mail
1306/09/2006 E-FILED MOTION (by email/MRY)
1406/09/2006 ACTION BY CHIEF DEPUTY CLERK (MRY). Granted: 06/23/2006
1506/23/2006 Petitioner's Reply in Support of Petition for Supervisory Writ
1606/26/2006 DISK - Petitioner's Reply (e-mailed)
1708/10/2006 SITTING WITH THE COURT: Hodny, William F.
1808/10/2006 SITTING WITH THE COURT: Backes, Norman J.
1909/06/2006 APPEARANCES: Brenda L. Blazer; Anthony J. Weiler and David S. Maring
2009/06/2006 ARGUED: Blazer; Weiler
2109/06/2006 ORAL ARGUMENT WEBCAST
2209/11/2006 RECORD (2 Volumes) including separates in 04-C-01049, Phillips, et al.
2311/15/2006 DISPOSITION: PETITION/WRIT GRANTED
2411/14/2006 UNANIMOUS OPINION: Crothers, Daniel John
2511/15/2006 At the direction of the Court no costs will be taxed in this matter.
2611/15/2006 Judgment Mailed to Parties
2712/08/2006 MANDATE
2812/15/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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