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KENSINGER v. KIPPEN

No. C0-86-206.

390 N.W.2d 815 (1986)

Kenneth KENSINGER, as Trustee for Heirs of Darlene Kensinger, Deceased, Appellant, v. N.R. KIPPEN, M.D., Billy G. Brooks, M.D., St. Francis Hospital, Respondents.

Court of Appeals of Minnesota.

Review Denied September 22, 1986.

Attorney(s) appearing for the Case

Michael R. Lochow, Fargo, N.D., for appellant.

Steven L. Marquart, Cahill, Jeffries & Maring, Moorhead, for respondent N.R. Kippen.

John D. Kelly, Pamela J. Hermes, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, N.D., Fred Strege, Smith & Strege, Wahpeton, N.D., for respondent Billy G. Brooks.

Jeffrey R. Hannig, Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, for respondent St. Francis Hosp.

Heard, considered and decided by NIERENGARTEN, P.J., and LANSING and HUSPENI, JJ.

OPINION

LANSING, Judge.

Kenneth Kensinger, as trustee for the heirs of Darlene Kensinger, appeals the trial court's grant of summary judgment to the defendants in this medical malpractice action. He contends that when a wrongful death action is based on medical malpractice, the cause of action accrues on the date of the decedent's death rather than the date of last treatment, as the trial court ruled. We affirm.

FACTS

On August 10, 1981...

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