STROUD v. HENNEPIN COUNTY MEDICAL CENTER

No. C7-95-2042.

544 N.W.2d 42 (1996)

Ida STROUD, as Trustee for Heirs of Geneva Stroud, Appellant, v. HENNEPIN COUNTY MEDICAL CENTER, et al., Respondents, Hennepin Faculty Associates, Respondent.

Court of Appeals of Minnesota.

Review Granted April 16, 1996.


Attorney(s) appearing for the Case

Jesse Gant, III, The Gant Law Office, Minneapolis, for Ida Stroud.

Michael O. Freeman, Hennepin County Attorney, Michael B. Miller, Sr. Assistant County Attorney, Minneapolis, for Hennepin County Medical Center, et al.

David D. Alsop, Beverly Babcock Kranz, Gislason, Dosland, Hunter & Malecki, P.L.L.P., Minnetonka, for Hennepin Faculty Associates.

Considered and decided by PARKER, P.J., and SCHUMACHER and DAVIES, JJ.


OPINION

PARKER, Judge.

The district court dismissed appellant's claims pursuant to Minn.Stat. § 145.682 for failing to comply with the affidavit requirements of that statute. The court also denied appellant's motion for default judgment based on respondents' failure timely to answer appellant's complaint and amended complaint. Appellant challenges both of these actions. We reverse in part, affirm in part, and remand.

FACTS

Appellant...

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