Krebsbach, et al. v. Trinity Hospitals, Inc., et al.
- Mark Krebsbach individually and as the
Personal Representative of the Estate of
Krystal Kresbach as the surviving husband of
Krystal Kresbach, Plaintiff and Appellant
ManorCare of Minot, ND, LLC
d/b/a ManorCare Health Services, and
HCR III Healthcare, LLC, Plaintiffs
Trinity Hospitals, Inc. and Trinity Health, Inc., Defendants and Appellees
- Case Type
- CIVIL APPEAL : TORTS (NEGLIGENCE, LIAB., NUIS.)
- Appeal From
Case No. 2015-CV-00300
North Central Judicial District, Ward County
Todd L. Cresap
Parties' Statement of Issues
A. Whether the District Court erred by granting summary judgment dismissal of Krebsbach’s negligence claims arising out of Trinity Employee A’s deficient phlebotomy services on the basis said claims were subject to a two-year professional negligence statute of limitations, when the allegedly negligent and otherwise wrongful conduct was not performed by a “professional”.
B. Whether the District Court erred by granting summary judgment dismissal of Krebsbach’s negligence claims against Trinity on the basis Krebsbach was allegedly on notice of his claims more than two years prior to requesting leave of the court to join the lawsuit, when there are numerous genuine issues of material fact for the jury to decide as to the notice issue.
C. Whether the District Court erred by dismissing Krebsbach’s claims for Actual Fraud/Deceit (Count 11) and Unlawful Sales and Advertising Practices (Count 12) against Trinity, where the claims are legally sufficient and extensive evidence exists to support each of these claims.
1. Whether the District Court erred in applying a two-year statute of limitations in an action alleging that: a health care provider failed to provide medical treatment that met the applicable standard of care; in the provision of proper infection control procedures and administration of a drug diversion program in a health-care setting.
2. Whether summary judgment is appropriately granted to dismiss a medical-malpractice plaintiff’s claims where the plaintiff failed to bring his claims within two years of receiving solicitation letters from attorneys inviting him to join a collective lawsuit, and having knowledge of publications regarding the possible sources of infection outbreak as well as interaction with similarly-situated plaintiffs living in the long-term care facility that were bringing a lawsuit related to the outbreak.
3. Whether the district court erred in dismissing a fraud/deceit claim for failure to state a claim upon which relief can be granted, where the plaintiff failed to allege that the defendant made a single, affirmative misrepresentation or that the defendant had relied on any affirmative misrepresentation; and where the plaintiff has failed to allege any facts that would impose a legal duty upon the defendant to disclose the information complained of.
4. Whether the district court erred in dismissing an Unlawful Sales and Advertising Practices Act claim for failure to state a claim upon which relief can be granted, where the plaintiff failed to allege any actionable misrepresentation or omission by the defendant “in connection with the sale or advertisement of any merchandise.”
Mark Krebsbach appeals after his lawsuit against Trinity Hospital was dismissed.
Krebsbach’s wife Krystal died in June 2016. Krystal Krebsbach was diagnosed with hepatitis C in September 2013, while she was a patient at a Minot nursing home. Krystal Krebsbach’s diagnosis occurred during a hepatitis C outbreak in the Minot area. In December 2016, Mark Krebsbach joined a lawsuit with other plaintiffs against Trinity related to the hepatitis C outbreak. Krebsbach filed a complaint against Trinity alleging negligence, fraud, deceit, and unlawful sales and advertising practices. Krebsbach alleged misconduct by Trinity’s staff and management caused Krystal Krebsbach’s hepatitis C diagnosis.
A special master appointed by the district court dismissed Krebsbach’s fraud, deceit, and unlawful sales and advertising practices claims. The special master also dismissed Krebsbach’s negligence claims, concluding the two-year statute of limitations for medical malpractice barred Krebsbach’s claims. After objection by Krebsbach, the district court agreed with the special master’s decisions and entered a judgment dismissing Krebsbach’s lawsuit.
On appeal, Krebsbach argues the six-year statute of limitations applies to his negligence claims against Trinity. He also argues the dismissal of his remaining claims against Trinity was wrong.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||03/27/2019||NOTICE OF APPEAL|
|2||03/27/2019||ORDER FOR TRANSCRIPT : 04/02/2019|
|3||03/29/2019||Received $125 filing fee|
|4||04/01/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||04/01/2019||ANNOUNCED DISQUALIFICATION : Tufte, Jerod E.|
|6||04/01/2019||Notice served on Randall J. Bakke, Shawn A. Grinolds, Bradley N. Wiederholt, Randall S. Hanson,|
|7||04/01/2019||Andrew B. Branting, Chelsea McLean, Meghan L. DesLauriers, John J. Ramar, and Matthew Sagsveen|
|8||04/08/2019||ELECTRONIC TRANSCRIPT DATED AUGUST 20, 2018|
|9||04/08/2019||ELECTRONIC TRANSCRIPT DATED DECEMBER 15, 2017|
|10||04/08/2019||COS - TRA DATED 4/8/18 & 12/15/17|
|11||04/12/2019||Rec'd signed certificates of court reporter for transcripts|
|12||04/26/2019||ELEC. RECORD ON APPEAL DATED April 25, 2019 (ENTRY NOS.1-862, 864-889, 891-1018, 1021-1532)|
|13||04/26/2019||(not sent 1019, 1020)|
|14||05/14/2019||MOT. EXT/TIME APPELLANT BRIEF|
|15||05/14/2019||ACTION BY CHEIF DEPUTY CLERK - Granted : 06/04/2019|
|16||05/28/2019||MOTION FOR Extension of Page Limit|
|17||05/28/2019||ACTION BY CHIEF JUSTICE (granted in part -- 10 pages) - Granted|
|20||06/04/2019||Oral Argument Request by Appellant|
|21||06/06/2019||Received $99 for e-filing surcharge for ATB (receipt #27105)|
|22||06/11/2019||Notice of Appearance|
|23||06/11/2019||MOT. EXT/TIME APPELLEE BRIEF|
|24||06/11/2019||ACTION BY SUPREME COURT - Granted : 07/31/2019|
|25||06/12/2019||Rec'd non-substantive corrections to ATB & ATA|
|26||06/14/2019||Rec'd 6 copies of ATB & ATA from CSD|
|27||07/25/2019||Notice of no appearance by law firms of Dorsey & Whitney LLP and Ramar & Paradiso, PC|
|28||07/25/2019||MOTION FOR Additional Pages (Appellee)|
|29||07/25/2019||ACTION BY CHIEF JUSTICE (Total of 50 pages) - Granted|
|31||08/01/2019||1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 31, 2019 (ENTRY NOS. 1534-1540)|
|32||08/07/2019||Rec'd non-substantive corrections to AEB|
|33||08/08/2019||Rec'd 6 copies of AEB from CSD|
|35||08/21/2019||Rec'd 6 copies of RYB from CSD|
|36||09/11/2019||NOTICE OF ORAL ARGUMENT SENT|
|37||09/20/2019||SITTING WITH THE COURT : Schmalenberger, Allan L.|