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UNITED HOSP. v. D'ANNUNZIO

Civ. No. 900269.

466 N.W.2d 595 (1991)

The UNITED HOSPITAL, Plaintiff and Appellant, v. Barry D'ANNUNZIO, Defendant and Third-Party Plaintiff, v. GRAND FORKS COUNTY, North Dakota, Defendant, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

February 21, 1991.

Attorney(s) appearing for the Case

McElroy, Camrud, Maddock & Olson, Grand Forks, for plaintiff and appellant; argued by Gordon W. Myerchin.

McConn, Fisher, Olson & Daley, Grand Forks, for defendant, third-party defendant and appellee; argued by Patrick W. Fisher.

April M. Crain (appearance), Crain Law Firm, Garrison, for defendant and third-party plaintiff.

MESCHKE, Justice.

United Hospital appealed a judgment dismissing its suit against Grand Forks county for medical care to a prisoner in the county jail. The district court dismissed the suit for lack of subject matter jurisdiction because the Hospital had not timely appealed from denial of the claim by the county commission. We hold that a claimant may sue the county without taking an appeal from a denial by the commission. Therefore, we reverse and remand.

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