CHIZMADIA v. SMILEY'S POINT CLINIC

No. 88-5033.

873 F.2d 1163 (1989)

Douglas CHIZMADIA, Appellant, v. SMILEY'S POINT CLINIC, Dr. Mark L. Norman, M.D., Dr. Mark L. Norman III, M.D., Dr. D. Hamilton, Dr. D. DeGear, Dr. R. Woodworth, Dr. P. Sletten, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 8, 1989.


Attorney(s) appearing for the Case

Joanne Mary Schuler, Plymouth, Minn., for appellant.

Kay Nord Hunt, Minneapolis, Minn., for appellees.

Before BOWMAN and BEAM, Circuit Judges, and HEANEY, Senior Circuit Judge.


BEAM, Circuit Judge.

Douglas Chizmadia appeals from the district court's order granting the appellees' motions for summary judgment. The motions were granted on the basis of Chizmadia's noncompliance with a Minnesota statute which requires an affidavit certifying expert review of a medical malpractice claim. We reverse and remand for further proceedings.

I. FACTS

In October 1984, Chizmadia, a New York resident attending college in Minnesota, consulted...

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