Chamley v. Khokha

20060261 William Chamley, Plaintiff and Appellant
v.
Inder V. Khokha, M.D.,
Mercy Medical Center, Defendants and Appellees
and
Salem S. Shahin, M.D., Defendant

Appeal from: District Court, Northwest Judicial District, Williams County
Judge David W. Nelson
Nature of Action: Malpractice
Counsel:
Appellant: McGee, Hankla, Backes & Dobrovolny
Appellant: Lee R. Bissonette
Appellee: Zuger Kirmis & Smith
Appellee: Vogel Law Firm
Term: 01/2007   Argument: 01/08/2007  9:30am
ND cite: 2007 ND 69
NW cite: 730 N.W.2d 864

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the trial court err when it concluded that the hospital and its employees are "Good Samaritans" and thereby immune from liability under Chapter 32-03.1 of the North Dakota Century Code?
II. Did the trial court err when it concluded that there existed no genuine issue of material fact, and, as a matter of law, Dr. Inder V. Khokha and Mercy were acting as a "Good Samaritans" in providing medical services to Rosie Chamley, and therefore immune from suit pursuant to Chapter 32-03.1 N.D.C.C.?

Appellee's Statement of the Issues:
1. Whether the trial court correctly determined that Good Samaritan immunity applied to Dr. Inder Khokha under circumstances in which he provided emergency medical care in a hospital to another physician's patient with whom he had no physician-patient relationship and, although employed by the hospital, had no duty to come to the patient's aid.

Appellee's Statement of the Issues:
I. Did the trial court correctly conclude that N.D. Cent. Code chapter 32-03.1 (the Good Samaritan Act), which provides immunity from suit to one who volunteers assistance in an emergency situation, applies to a bystander surgeon who renders emergency medical treatment to a non-patient?
II. Did the trial court correctly conclude that N.D. Cent. Code chapter 32-03.1 (the Good Samaritan Act), which provides immunity from suit to one who volunteers assistance in an emergency situation, applies to the employer of a bystander surgeon who renders emergency medical treatment to a non-patient?
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Docket entries:
110/02/2006 NOTICE OF APPEAL: 09/19/2006
210/02/2006 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
310/12/2006 Letter from Randolph Stefanson's office dated 10-11-06 RE:Dr. Shahin was dismissed out of case
410/12/2006 on 5-25-06 by Order of Dismissal
510/17/2006 RECORD ON APPEAL, including Separates (Entry Nos. 63 & 64)
610/24/2006 APPELLANT BRIEF
710/24/2006 APPELLANT APPENDIX
810/24/2006 DISK - ATB
911/22/2006 APPELLEE BRIEF (Inder V. Khokha, MD)
1011/22/2006 Addendum to Brief of Appellee Inder V. Kokha, M.D. received
1111/22/2006 APPELLEE APPENDIX
1211/22/2006 DISK - AEB of Inder V. Khokha, MD
1311/27/2006 APPELLEE BRIEF - Mercy Medical Center
1411/27/2006 Addendum to AEB Mercy Medical Center
1511/27/2006 DISK - AEB Mercy Medical Center
1611/27/2006 Affidavit of Service of Mercy Medical Center AEB
1712/07/2006 REPLY BRIEF of Appellant
1812/08/2006 DISK - ryb
1912/20/2006 SITTING WITH THE COURT: Marquart, Steven L.
2001/08/2007 APPEARANCES: Richard H. McGee II, Lee R. Bissonette; Lance D. Schreiner, Tracy Vigness Kolb; and
2101/08/2007 John C. Kapsner
2201/08/2007 ARGUED: McGee; Schreiner; Kapsner
2301/08/2007 ORAL ARGUMENT WEBCAST
2405/08/2007 DISPOSITION: REVERSED AND REMANDED
2505/08/2007 SPLIT OPINION: Marquart, Steven L.
2605/08/2007 (CONCUR SPECIALLY): Maring, Mary Muehlen: CONCUR
2705/08/2007 (CONCUR IN PART AND DISSENT IN PART): Crothers, Daniel John: CON/DIS
2805/08/2007 (JOIN CONCUR IN PART AND DISSENT IN PART): VandeWalle, Gerald W.: JN/CON
2905/08/2007 Costs on appeal taxed in favor of appellant
3005/08/2007 Judgment Mailed to Parties (by email)
3105/15/2007 Corrected Opinion Page 4
3205/18/2007 PETITION FOR REHEARING (Dr. Inder V. Khokha)
3305/22/2007 DISK - PER (Khokha)
3406/12/2007 ACTION BY SUPREME COURT (PER). Denied
3506/22/2007 MANDATE
3606/26/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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