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Cichos, et al. v. Dakota Eye Institute, P.C., et al.

Docket No. 20230212
Oral Argument: Tuesday, December 19, 2023 1:30 PM

Docket Info

Title
Margaret Cichos, individually, and as the
surviving spouse of Bradley Cichos, and as
Personal Representative of the Estate of
Bradley Cichos, deceased, Lyman Halvorson,
individually, Landon and Sierra Halvorson
as parents and natural guardians of A.H.
DOB 2011, a minor child, each individually
and collectively as assignees of Jeraldine
Lima, the Personal Representative of the
Estate of Lyle Lima, individually, Plaintiffs and Appellants
and
Kenzie Halvorson, individually, Plaintiff
v.
Dakota Eye Institute, P.C., Dakota Eye
Institute, LLP, Briana Bohn, O.D.,
individually, Defendants and Appellees
and
Margaret Cichos, individually, and as the
surviving spouse of Bradley Cichos, deceased,
and Landon Halvorson and Sierra Halvorson,
as natural parents and guardians of Minor A.H., Plaintiffs
v.
Lyman Halvorson, Defendant
Case Type
CIVIL APPEAL : MALPRACTICE
Appeal From
Case No. 2018-CV-00033
Northeast Judicial District, Pierce County
Donovan John Foughty

Parties' Statement of Issues

  • Appellant

    Viewed in the light most favorable to the injured Plaintiffs-Appellants in this case, does an issue of fact arise from the record as to whether the confusing, inconsistent instructions given by the Optometric Defendants to Lyle Lima regarding his ability to drive were a concurrent proximate cause of the collision of May 28, 2016?

  • Appellee 1

    [¶1] Whether the District Court properly granted summary judgment when Plaintiffs-Appellants failed to establish the essential element of causation for a medical-malpractice claim when Dr. Briana Bohn, O.D., indisputably informed Lyle Lima that his vision was not good enough to drive on highways, and he thereafter caused an accident while distractedly driving on a highway.
    [¶2] Whether Defendants-Appellees are otherwise entitled to summary judgment based on other arguments that they properly asserted before the District Court.

Summary

Plaintiffs appeal from a district court order granting summary judgment to defendants.

In May 2016, Lyle Lima collided with a horse-drawn hay trailer while driving his truck on a highway. The collision injured the driver and passengers of the trailer, killing one man. In 2015, Lima was declared legally blind by a doctor at Dakota Eye Institute and was instructed not to drive. A second Dakota Eye Institute doctor reexamined Lima in 2016, prior to the collusion, and told Lima he could drive with restrictions. As part of a settlement agreement, Lima assigned his malpractice claim to the Plaintiffs.

The district court found summary judgment was appropriate because no reasonable jury could find that Dakota Eye Institute and others were the proximate cause of Lima’s economic injuries.

On appeal, plaintiffs argue the district court erred in granting summary judgment because a genuine issue of fact exists as to whether the physician’s statement was a proximate cause to the collision causing Lima’s economic injuries. Defendants argue summary judgment was proper because Plaintiffs failed to establish proximate cause and for other reasons that Defendants argued before the district court.

Briefs

Filing Date Description
09/27/2023 APPELLANT BRIEF View
10/27/2023 APPELLEE BRIEF View
11/20/2023 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Angela Elsperger Lord - 05351
APPELLANT PRIVATE PRACTICE Jonathon (Jack) F. Yunker - 08709
APPELLANT PRIVATE PRACTICE Jason Ray Vendsel - 04912
APPELLANT PRIVATE PRACTICE Timothy Michael O'Keeffe - 05636
APPELLANT PRIVATE PRACTICE Mark Vincent Larson - 03587
APPELLANT PRIVATE PRACTICE Shelby Larson - 08524
APPELLANT PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLEE PRIVATE PRACTICE MacKenzie Lee Hertz - 09392

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

Seq. # Filing Date Description Attachment
1 05/24/2023 JOINT NOTICE AND MOTION FOR EXT. OF TIME TO FILE NOTICE OF APPEAL View
2 05/26/2023 ACTION BY CHIEF JUSTICE - Granted : 06/26/2023
3 05/26/2023 Order Granting Extension of Time to File Notice of Appeal View
4 06/26/2023 NOTICE OF APPEAL : 06/26/2023 View
5 06/26/2023 ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair
6 07/03/2023 Rec'd filing fee
7 07/05/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
8 07/05/2023 Notice served on Jonathon F. Yunker, Timothy M. O'Keeffe, Mark V. Larson, Jason R. Vendsel,
9 07/05/2023 Angela E. Lord, Michael J. Morley, & Victoria A. Vold
10 07/06/2023 ORDER FOR TRANSCRIPT : 07/07/2023 View
11 07/24/2023 ELEC. RECORD ON APPEAL DATED JULY 21, 2023 (ENTRY NOS. 1-107, 109-233, 274-393) (DELETED ITEMS: 108 View
12 07/24/2023 234-273)
13 07/28/2023 MOT. EXT/TIME APPELLANT BRIEF View
14 07/31/2023 ACTION BY CLERK (ATB due 40 days after filing of transcripts) - Granted
15 08/18/2023 All Transcripts Filed in Record
16 09/11/2023 Motion for Admission Pro Hac Vice and Affidavit of Scott Wilson View
17 09/13/2023 ACTION BY CLERK - Granted
18 09/25/2023 MOT. EXT/TIME APPELLANT BRIEF and for ADDITIONAL PAGES IN BRIEF View
19 09/27/2023 APPELLANT BRIEF View
20 09/27/2023 Oral Argument Request by Appellants
21 09/28/2023 ACTION BY CHIEF JUSTICE granted 5 additional pages for brief) - Granted : 10/06/2023
22 10/02/2023 Rec'd 3 copies of ATB from CSD
23 10/27/2023 APPELLEE BRIEF View
24 10/27/2023 Oral Argument Request by Appellees
25 10/30/2023 Rec'd 3 copies of AEB from CSD
26 10/30/2023 MOT. EXT/TIME REPLY BRIEF and for ADDITIONAL PAGES IN BRIEF View
27 10/31/2023 ACTION BY CHIEF JUSTICE (granted 10 additional pages for brief) - Granted : 11/20/2023
28 11/21/2023 NOTICE OF ORAL ARGUMENT SENT
29 11/20/2023 REPLY BRIEF View
30 11/22/2023 Rec'd 3 copies of RYB from CSD
31 11/27/2023 SITTING WITH THE COURT : Schmalenberger, Allan L.