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KEATOR v. GALE

Civil No. 960242.

561 N.W.2d 286 (1997)

1997 ND 46

Melvin KEATOR, Plaintiff and Appellant, v. Dr. Brian D. GALE, Defendant and Appellee, Dr. Aaron Olson, Defendant.

Supreme Court of North Dakota.

April 1, 1997.

Attorney(s) appearing for the Case

Ralph A. Vinje, of Vinje Law Firm, Bismarck, for plaintiff and appellant.

Randall J. Bakke and Scott K. Porsborg, of Smith Bakke Hovland & Oppegard, Bismarck, for defendant and appellee.

SANDSTROM, Acting Chief Justice.

[¶ 1] In this medical malpractice action, we are asked to decide if the release of the employer from liability also releases the employee. Concluding it does not, we reverse the order for summary judgment and remand for further proceedings.

I

[¶ 2] In 1993, Keator was treated by Dr. Gale, a podiatrist. Keator subsequently sued Dr. Gale for medical malpractice, alleging Dr. Gale's negligence and misdiagnosis...

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