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Krebsbach, et al. v. Trinity Hospitals, Inc., et al.

Docket No. 20190096
Oral Argument: Monday, October 14, 2019 2:45 PM

Docket Info

Title
Mark Krebsbach individually and as the
Personal Representative of the Estate of
Krystal Kresbach as the surviving husband of
Krystal Kresbach, Plaintiff and Appellant
and
ManorCare of Minot, ND, LLC
d/b/a ManorCare Health Services, and
HCR III Healthcare, LLC, Plaintiffs
v.
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

  • Appellant

    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.

  • Appellee 1

    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.”


Summary

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.


Briefs

Filing Date Description
06/04/2019 APPELLANT BRIEF View
07/31/2019 APPELLEE BRIEF View
08/16/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Bradley Neuman Wiederholt - 06354
APPELLANT PRIVATE PRACTICE Randall Joseph Bakke - 03898
APPELLEE PRIVATE PRACTICE Randall Shane Hanson - 04876
APPELLEE PRIVATE PRACTICE Matt Alexander Paulson - 08196

(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
18 06/04/2019 APPELLANT BRIEF View
19 06/04/2019 APPELLANT APPENDIX
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
30 07/31/2019 APPELLEE BRIEF View
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
34 08/16/2019 REPLY BRIEF View
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.