Cichos, et al. v. Dakota Eye Institute, P.C., et al.
- 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
Kenzie Halvorson, individually, Plaintiff
Dakota Eye Institute, P.C., Dakota Eye
Institute, LLP, Briana Bohn, O.D.,
individually, Defendants and Appellees
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
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
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?
[¶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.
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.
|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|
|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|
|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|
|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|
|30||11/22/2023||Rec'd 3 copies of RYB from CSD|
|31||11/27/2023||SITTING WITH THE COURT : Schmalenberger, Allan L.|