SMITH v. HELGAAS

Civ. No. 4-89-896.

763 F.Supp. 1020 (1991)

Jean A. SMITH, as trustee for the next of kin of John Thomas Smith, Plaintiff, v. Steffan A. HELGAAS, M.D., and Spectrum Emergency Care, Inc., Defendants.

United States District Court, D. Minnesota, Fourth Division.

January 4, 1991.


Attorney(s) appearing for the Case

Chris A. Messerly, John Frederic Eisberg, Robins, Kaplan, Miller & Ciresi, St. Paul, Minn., for plaintiff.

Susan Marie Weis, Gary Jeffrey Gordon, Fetterly & Gordon, Minneapolis, Minn., for defendants.


MEMORANDUM OPINION AND ORDER

DIANA E. MURPHY, District Judge.

Jean Smith brought this medical malpractice action following the death of her husband in June 1989. She sues under diversity jurisdiction as trustee for the next of kin of her deceased husband. Defendants are Steffan Helgaas, M.D., and Spectrum Emergency Care, Inc. (Spectrum). Before the court is Spectrum's motion for summary judgment.

I.

Plaintiff alleges that on June 6, 1989...

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