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JASKOVIAK v. GRUVER

No. 20010065.

638 N.W.2d 1 (2002)

2002 ND 1

Steven JASKOVIAK, Plaintiff and Appellant, v. Daniel GRUVER, M.D., Defendant and Appellee, and Medcenter One Health Systems, Defendant.

Supreme Court of North Dakota.

January 3, 2002.

Attorney(s) appearing for the Case

Robert V. Bolinske (on brief), Bismarck, for plaintiff and appellant.

Robert J. Udland, Vogel, Weir, Hunke & McCormick, Ltd., Fargo, for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Steven Jaskoviak appealed a summary judgment dismissing, without prejudice, his action against Daniel Gruver, M.D., and Medcenter One Health Systems ("Medcenter"). We conclude summary judgment was improperly ordered, and we reverse and remand for further proceedings.

I

[¶ 2] In 1997, Gruver operated on Jaskoviak at Medcenter's hospital. In 1998, Jaskoviak sued Gruver and Medcenter, alleging "Gruver was negligent...

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