NESS v. ST. ALOISIUS HOSPITAL

Civ. No. 10064.

313 N.W.2d 781 (1981)

Marva D. NESS, individually and as parent and next friend of Leann Marie Ness, Andrew Philip Ness, and William Ryann Ness, minor children, Plaintiff and Appellee, and The North Dakota Workmen's Compensation Bureau, Plaintiff and Appellant, v. ST. ALOISIUS HOSPITAL, a corporation, Sister Corinne, Dr. L. E. Boyum and Dr. R. Pierce, Defendants and Appellees.

Supreme Court of North Dakota.

December 28, 1981.


Attorney(s) appearing for the Case

Robert Vogel, Grand Forks, for plaintiff and appellee Marva D. Ness.

Wheeler, Wolf, Peterson & McDonald, Bismarck, for plaintiff and appellant; argued by David L. Peterson, Bismarck.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendant and appellee St. Aloisius Hospital.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and appellee Dr. L. E. Boyum.

Zuger & Bucklin, Bismarck, for defendant and appellee Dr. R. Pierce.


PEDERSON, Justice.

This appeal involves a dispute in the application of the legal concept of subrogation of rights under the provisions of the North Dakota workmen's compensation statutes as affected by the expiration of the time specified in the applicable statute of limitations. Subrogation, which is not defined in the workmen's compensation law or elsewhere in our statutes, is: "a legal operation by which a third person who pays a creditor succeeds to his rights...

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