ANDREWS v. O'HEARN

Civ. No. 10837.

387 N.W.2d 716 (1986)

Mary ANDREWS and Mark Andrews, Plaintiffs and Appellants, v. J.W. O'HEARN, M.D., S. Thompson, M.D., Fargo Clinic, St. Luke's Hospitals, Ryan B. Harrington, M.D., The Neurologic Associates, Dale R. Shook, M.D., Roger L. Gilbertson, M.D., Radiologists, Ltd., and Does 1 through 50, inclusive, including each and every number between 1 and 50, inclusive, Defendants and Appellees.

Supreme Court of North Dakota.

May 7, 1986.


Attorney(s) appearing for the Case

David M. Harney (argued), and Frederick C. Shaller, of Harney, Wolfe, Pagliuso, Shaller & Carr, Los Angeles, Cal., David M. Axelrad (argued), and Barry R. Levy, of Horvitz, Levy & Amerian, Encino, Cal., and Robert Vogel (argued), of Robert Vogel Law Office, P.C., Grand Forks, for plaintiffs and appellants.

John D. Kelly (argued), Jane C. Heinley, and Harlan G. Fuglesten, of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendants and appellees J.W. O'Hearn, M.D., S. Thompson, M.D., and Fargo Clinic.

Jack G. Marcil (argued), and Paul F. Richard, of Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for defendant and appellee St. Luke's Hospitals.

Patrick J. Maddock (argued), and Gerald J. Haga, of Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Ltd., Grand Forks, for defendants and appellees Ryan B. Harrington, M.D., and The Neurologic Associates.

Gunder Gunhus (argued), and Kate MacEachern, of Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, Minnesota, for defendants and appellees Dale R. Shook, M.D., Roger L. Gilbertson, M.D., and Radiologists, Ltd.


VANDE WALLE, Justice.

Mary and Mark Andrews (plaintiffs) appealed from the judgment of the district court of Cass County dismissing their complaint, the order denying their motion for a new trial and for judgment notwithstanding the verdict, and the order denying costs in their favor and granting taxation of costs against them. We affirm.

This suit involves various allegations of medical malpractice against Drs. O'Hearn, Thompson, Harrington, Shook, and Gilbertson...

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