McCarthy v. Getz

Docket No. 20180418
Oral Argument: Tuesday, May 28, 2019 1:30 PM

Docket Info

Title
Kelly McCarthy, Plaintiff, Appellant,
and Cross-Appellee
v.
Ariane Getz, PSYD, Defendant, Appellee
and Cross-Appellant
Case Type
CIVIL APPEAL : MALPRACTICE
Appeal From
Case No. 2017-CV-00236
Southeast Judicial District, Richland County
Bradley Allen Cruff

Parties' Statement of Issues

  • Appellant

    Where Plaintiff's daughter died of suicide and the cause of action against decedent's treating psychologist was commenced two years and 52 days after the date of death, did the trial court err as a matter of law in granting summary judgment in favor of the treating psychologist, even though Plaintiff claimed the 2 year limitation of actions was tolled under the "discovery rule?"

  • Appellee 1

    [¶1] The district court correctly determined that Plaintiff’s claims are time-barred by the applicable statute of limitations.
    [¶2] If Plaintiff’s claims are not time-barred, the district court erred in excusing the Plaintiff from the requirement under North Dakota law that all elements of a medical malpractice claim, including causation, must be proved with expert testimony.


Summary

Kelly McCarthy appeals from a district court order granting Dr. Ariane Getz’s motion for summary judgment.

McCarthy’s daughter received psychological counseling from Dr. Ariane Getz for several months beginning in February 2015. On September 23, 2015, McCarthy’s daughter died by suicide. On November 9, 2017 McCarthy filed a summons and complaint alleging malpractice against Dr. Getz. On November 14, 2017 the summons and complaint were served on Dr. Getz. On May 23, 2018, Dr. Getz moved for summary judgment, alleging McCarthy’s claims were time-barred by the applicable two-year statute of limitations under N.D.C.C. § 28-01-18. The district court granted summary judgment.

On appeal, McCarthy argues the district court erred by granting summary judgment because the statute of limitations was tolled as McCarthy did not know of Dr. Getz’s malpractice on the date of her daughter’s death and therefore the statute of limitations did not accrue on the exact date of the death.


Briefs

Filing Date Description
03/18/2019 APPELLANT BRIEF & ADDENDUM View
04/17/2019 APPELLEE BRIEF View
04/30/2019 REPLY BRIEF View
05/14/2019 REPLY BRIEF (Appellee/Cross-Appellant) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Mark Andrew Meyer - 04966
APPELLEE PRIVATE PRACTICE Charlotte Jo Skar Rusch - 06528

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 11/21/2018 NOTICE OF APPEAL : 11/21/2018
2 11/21/2018 ORDER FOR TRANSCRIPT : 11/29/2018
3 11/21/2018 MOTION FOR EXT. OF TIME TO FILE NOTICE OF APPEAL
4 11/21/2018 E-FILED MOTION
5 11/26/2018 ACTION BY CHIEF JUSTICE - Granted
6 11/26/2018 ORDER GRANTING EXTENSION OF TIME TO FILE NOTICE OF APPEAL
7 11/27/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
8 11/27/2018 Notice served on Mark A. Meyer, Robert J. Udland, & Charlotte J.Skar Rusch
9 12/05/2018 NOTICE OF CROSS APPEAL
10 12/05/2018 NOT. OF FILING NOT. OF CROSS-APPEAL AND PROOF OF SERV.
11 12/05/2018 Notice served on Udland, Charlotte J. Skar Rusch and Mark A. Meyer
12 12/20/2018 ELEC. RECORD ON APPEAL DATED DECEMBER 19, 2018 (ENTRY NOS. 1-59)
13 01/11/2019 Notice of Attorney Udland's retirement
14 01/23/2019 ELECTRONIC TRANSCRIPT DATED AUGUST 21, 2018 & C.O.S.
15 03/01/2019 MOT. EXT/TIME APPELLANT BRIEF
16 03/01/2019 ACTION BY CLERK - Granted : 04/03/2019
17 03/18/2019 APPELLANT BRIEF & ADDENDUM View
18 03/18/2019 APPELLANT APPENDIX
19 03/22/2019 Rec'd 6 copies of ATB from Central Duplicating
20 03/22/2019 Rec'd 6 copies of ATA from Central Duplicating
21 03/25/2019 Rec'd $25 surcharge for ATB (Receipt No. 26962)
22 04/17/2019 APPELLEE BRIEF View
23 04/18/2019 Rec'd 6 copies of AEB from CSD
24 04/22/2019 Rec'd $25 e-filing surcharge for AEB (receipt #27023)
25 04/23/2019 NOTICE OF ORAL ARGUMENT SENT
26 04/30/2019 REPLY BRIEF View
27 05/02/2019 Rec'd non-substantive corrections to RYB (table of authorities)
28 05/03/2019 Rec'd 6 copies of RYB from Central Duplicating
29 05/14/2019 REPLY BRIEF (Appellee/Cross-Appellant) View
30 05/14/2019 Rec'd RYB (Appellee/Cross-Appellant) non-substantive corrections & C.O.S
31 05/16/2019 Rec'd 6 copies of RYB back from Central Duplicating