Justia Civil Procedure Opinion Summaries

Mark Krebsbach appeals a district court judgment dismissing his lawsuit against Trinity Hospital relating to medical services provided to his wife. Krystal Krebsbach died in June 2016. In September 2013 she was diagnosed with hepatitis C while a patient at the ManorCare nursing home in Minot. Krystal’s diagnosis occurred during a hepatitis C outbreak in the Minot area. In September 2016 Krebsbach moved to intervene in a lawsuit with other plaintiffs against Trinity related to the hepatitis C outbreak. The district court granted Krebsbach’s motion in December 2016. Krebsbach’s complaint against Trinity alleged negligence, fraud, deceit and unlawful sales and advertising practices. Krebsbach claimed negligence and misconduct by Trinity’s staff and management caused Krystal Krebsbach’s hepatitis C. Krebsbach alleged Trinity engaged in actual fraud or deceit by misrepresenting the competency of its care providers and withholding information about its employees’ theft or misuse of drugs (known as drug diversion) and needle reuse. Krebsbach asserted Krystal Krebsbach relied on Trinity’s misrepresentations and allowed Trinity to provide her with phlebotomy services, which caused her to contract hepatitis C. The court dismissed Krebsbach’s action after a special master appointed by the court concluded the two-year statute of limitations for medical malpractice applied to Krebsbach’s action. The special master also concluded the action was barred because Krebsbach had notice of Trinity’s possible negligence more than two years before bringing his lawsuit. Krebsbach claimed the six-year statute of limitations under N.D.C.C. 28-01-16 applies to his negligence claims against Trinity. Before the North Dakota Supreme Court, Krebsbach argued the special master and district court erred in concluding he was on notice of Trinity’s possible negligence more than two years before commencing his action against Trinity. Finding no reversible error, the North Dakota Supreme Court affirmed dismissal. View "Krebsbach, et al. v. Trinity Hospitals, Inc., et al." on Justia Law

In consolidated appeals, garnishees N.Starr, LLC; Lee Finstad; and Jeff Trosen appealed from a Grand Forks County, North Dakota district court order dismissing their counterclaims in a garnishment proceeding, and Johnston Law Office, P.C. appealed from a Cass County district court order dismissing its action. Both orders dismissed their respective claims in each case against PHI Financial Services, Inc. (“PHI”) and Jon Brakke and the Vogel Law Firm, Ltd. (collectively, “Vogel Law”). Finding no reversible error, the North Dakota Supreme Court affirmed dismissal as to all claims. View "PHI Financial Services v. Johnston Law Office, et al." on Justia Law

Gene Hondl appealed from an order that granted the State’s motion to dismiss his “motion for writ of replevin” and dismissed his case with prejudice. On January 23, 2019, Hondl filed a “motion for writ of replevin” to the district court, in addition to filing a notice of motion, motion for evidentiary hearing, motion for appointment of counsel, and a certificate of service. Hondl named the North Dakota and Stark County as defendants (collectively, “the State”), seeking the return of certain personal property seized when he was arrested on drug charges and forfeited in separate civil forfeiture proceedings. Hondl’s certificate of service indicates the documents were served by U.S. Mail on December 28, 2018. On February 19, 2019, a district court entered its order dismissing the matter with prejudice. The North Dakota Supreme Court found the district court dismissed the case with prejudice without providing any explanation. The Supreme Court therefore vacated the order and remanded for the court to decide the State’s motion to dismiss for insufficiency of service of process and lack of personal jurisdiction. View "Hondl v. State, et al." on Justia Law

Nicholas Reineke appeals a district court judgment affirming the administrative hearing officer’s decision to suspend his driver’s license for 365 days. Reineke was arrested for driving under the influence of intoxicating liquor. On May 5, 2019, a temporary operator’s permit was issued to Reineke. On May 15, Reineke requested an administrative hearing. The envelope containing Reineke’s request was returned undeliverable due to an incorrect mailing address for the Department of Transportation. Reineke argued he renewed the request for hearing when he resent the request to the correct mailing address on May 23, 2019. On May 31, an administrative proceeding occurred without providing Reineke notice and without him present. The hearing officer concluded the Department did not have jurisdiction to grant Reineke an administrative hearing because he did not request a hearing in time as required by statute. The hearing officer suspended his license for 365 days. The district court affirmed. The North Dakota Supreme Court concluded Reineke’s untimely request for a hearing did not invoke the Department’s jurisdiction for a hearing. Therefore, the Department and the hearing officer did not have authority to hold the hearing. The only authority the Department had was to administratively revoke Reineke’s license as outlined in N.D.C.C. 39-20-05(1), after expiration of the temporary operator’s permit. Because the hearing officer did not follow the statute, the order was not in accordance with the law. The Supreme Court reversed the district court judgment, and vacated the hearing officer’s order. The Court rejected Reineke’s request to reverse the hearing officer’s decision and reinstate his driving privileges, and remanded for the Department to administer suspension of Reineke’s driving privileges according to law. View "Reineke v. N.D. Dept. of Transportation" on Justia Law

Workforce Safety and Insurance (WSI) appealed a district court judgment reversing an Administrative Law Judge's (ALJ) confirmation of a prior order of WSI. In 2014, Ellis began receiving partial disability benefits. In 2016, Ellis underwent a functional capacity assessment and further review by WSI. WSI determined Ellis continued to be eligible to receive partial disability benefits, but at a reduced amount. WSI ordered his partial disability benefits be reduced by the greater of his actual wages or his retained earning capacity as had been determined by WSI. Ellis appealed the WSI order, triggering review by the ALJ. WSI contended the district court lacked subject matter jurisdiction over Ellis’ appeal of the ALJ’s decision because his appeal to the district court was untimely. The North Dakota Supreme Court found the district court lacked subject matter jurisdiction because Ellis failed to timely file his appeal of the ALJ's decision. The Court therefore ordered the district court judgment vacated, and reinstated the decision of the ALJ. View "Ellis v. WSI" on Justia Law

Craig Hauer appealed the dismissal of complaint seeking reformation of a deed to secure hunting access to property he had conveyed to Kurt and Lois Zerr. In 2013, Hauer sold land to the Zerrs. The parties’ contract and deed both include language reflecting the parties’ intent to allow Hauer to reserve hunting access to the land. Hauer accessed the land to hunt pursuant to the reservation until the Zerrs, believing the reservation to be unenforceable pursuant to N.D.C.C. 47- 05-17, denied Hauer access to the property. Hauer initiated this action seeking to reform the deed to reflect the parties’ intent to allow Hauer access to the property. The North Dakota Supreme Court concluded the district court correctly dismissed Hauer’s complaint seeking reformation of the deed and affirmed the district court. View "Hauer v. Zerr, et al." on Justia Law

Linus and Raymond Poitra appeal the district court judgment of eviction. The Poitras argue the district court erred by exercising jurisdiction over this matter, and by sending a North Dakota law enforcement officer onto the reservation to evict tribal members from property within the Turtle Mountain Reservation. The North Dakota Supreme Court determined the Poitras did not meet their burden under either "Montana" exception, and did not explain how a district court was divested of subject matter jurisdiction to grant a judgment of eviction. The district court judgment was therefore affirmed. View "Gustafson v. Poitra, et al." on Justia Law

Warren Runyan appealed a judgment granting Heather Presswood’s request for divorce while reserving division of the parties’ property and allocation of the parties’ debt. Runyan argued the district court erred in granting the divorce because Presswood failed to file a brief in support of her motion and he was denied due process by the court’s failure to rule on his objection to Presswood’s motion. The North Dakota Supreme Court dismissed the appeal, concluding the judgment was not final and was not appealable. View "Presswood v. Runyan" on Justia Law

Gentek Building Products, Inc. appealed after a jury awarded Richard and Angela Palmer damages of $10,791, plus interest. Gentek also appealed an order awarding attorney fees of $80,379 to the Palmers, and taxation of costs and disbursements. In 2003, the Palmers purchased and installed “Driftwood” steel siding from Gentek on their home in Williston. Gentek provided a lifetime limited warranty for the siding. In September 2011, the paint began to peel on the siding installed on the south side of the home. In January 2012, the Palmers submitted a warranty claim to Gentek. Gentek offered the Palmers the option of either a cash settlement or replacement with a substitute siding under the warranty, since Gentek had discontinued producing the type of siding originally installed. While the Palmers opted to have their siding replaced with a substitute, Gentek had difficulty finding a contractor willing to perform the warranty work due to the oil boom in the area. Thousands of others also experienced delaminated pain on their siding and filed warranty claims with Gentek, resulting in a class action lawsuit filed in federal district court in Ohio. The federal district court entered a final order and judgment approving a class action settlement. In 2014, the Palmers filed this suit against Gentek, alleging breach of warranty by failing to replace the defective siding. Gentek defended by arguing the Palmers were bound by the federal court's final class action settlement. The North Dakota Supreme Court concluded the North Dakota district court did not err in holding the Palmers were not bound by the federal district court’s final order and judgment approving a class action settlement. Furthermore, the Supreme Court concluded that the court erred in its award of attorney fees and in not ruling on Gentek’s objection to costs and disbursements. The order awarding attorney fees and taxation of costs and disbursements was reversed, however, and the matter remanded for further proceedings. View "Palmer, et al. v. Gentek Building Products, Inc." on Justia Law

Bile Salat appealed the discontinuation of his disability benefits. In 2016, Salat slipped and fell at work. On March 31, 2016, WSI accepted liability for a contusion of the lower back and pelvis and a right ankle sprain. By November 2016, an independent medical examination revealed Salat's ankle injury had not healed and was not at pre-injury status, but low back pain was unrelated to the work injury. Salat's personal physician reviewed the IME's opinion and did not have any "objective findings on physical exam to challenge or disagree with his medical opinion." On August 5, 2016, WSI issued an order discontinuing Salat’s disability benefits after June 29, 2016. On December 15, 2016, WSI issued a notice of decision denying further benefits of Salat’s lumbar spine after November 11, 2016. The North Dakota Supreme Court reversed the discontinuation of benefits, finding Salat's physician's statement was misunderstood by the district court as a "blanket agreement" with the independent medical examiner: Salat's physician's "statement is better understood as stating she had no objective findings on physical exam to challenge or disagree with [the IME] opinion regarding the source of Salat’s back pain." On this record, the Supreme Court surmised the ALJ could have reasonably found the two physicians had conflicting medical opinions on the source of continued back pain, and that a "reasoning mind reasonably could determine" Salat suffered low back pain after November 11, 2016 that was attributable to the compensable work injury. View "WSI v. Salat, et al." on Justia Law