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WITTHAUER v. BURKHART ROENTGEN, INC.

Civ. No. 900219.

467 N.W.2d 439 (1991)

Paul and Lynnette WITTHAUER, individually, and as next friends of Lindsey Witthauer, a minor, Plaintiffs and Appellees, v. BURKHART ROENTGEN, INC., Defendant and Appellant. and FARGO CLINIC, LTD., a.k.a., Merit-Care, Defendant, Third Party Plaintiff and Appellee, v. BURKHART ROENTGEN, INC., Third Party Defendant, Fourth Party Plaintiff and Appellant, v. DR. MACH GmbH & CO., Fourth Party Defendant.

Supreme Court of North Dakota.

March 19, 1991.

Attorney(s) appearing for the Case

Robert Vogel Law Office, P.C., Grand Forks, for plaintiffs and appellees; argued by Alvin O. Boucher.

Bruce L. Madlom, Fargo, and Moench Law Firm, Bismarck, for defendant, third-party defendant, fourth-party plaintiff and appellant Burkhart Roentgen, Inc.; argued by Bruce L. Madlom, Fargo. Appearance by Dale W. Moench, Bismarck.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendant, third-party plaintiff and appellee Fargo Clinic, Ltd.; argued by Jane C. Voglewede.

VANDE WALLE, Justice.

Burkhart Roentgen, Inc. [Burkhart], appealed from a judgment entered on a jury verdict finding Burkhart 40 percent liable for $163,291.98 in damages awarded to Paul, Lynnette, and Lindsey Witthauer. Burkhart also appealed the denial of its post-trial motions. We affirm.

In March 1986, Lindsey Witthauer, the three and one-half month-old daughter of Paul and Lynnette Witthauer, was hospitalized at St. Luke's Hospital in Fargo for congestive...

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