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LOMBARDO v. SEYDOW-WEBER

No. C3-94-2190.

529 N.W.2d 702 (1995)

Brian LOMBARDO, M.D., et al., Appellants, v. Kathleen SEYDOW-WEBER, as parent and natural guardian of Lauren Weber, a minor, Respondent.

Court of Appeals of Minnesota.

Review Denied April 27, 1995.

Attorney(s) appearing for the Case

Kay Nord Hunt, Philip A. Cole, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for appellants.

James E. Speckmann, St. Paul, for respondent.

Considered and decided by SIMONETT, C.J., and KALITOWSKI and SHORT, JJ.

OPINION

SHORT, Judge.

A trial court dismissed a medical malpractice case without prejudice under Minn. R.Civ.P. 41.01(b), despite noncompliance with the statutory requirement of serving affidavits of expert review and identification of expert witnesses. Appellants argue the trial court erred as a matter of law.

FACTS

Lauren Weber was born on December 17, 1986 with injuries to the bridge of her nose, left nostril, and left eyelid. On November...

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