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VAN KLOOTWYK v. BAPTIST HOME, INC

No. 20020325.

665 N.W.2d 679 (2003)

2003 ND 112

Michelle VAN KLOOTWYK, Jim Wilhelm, Greg Wilhelm, as heirs and representatives of the Estate of Gladys Wilhelm, deceased; and Michelle Van Klootwyk, Jim Wilhelm, and Greg Wilhelm, as survivors of Gladys Wilhelm, deceased, Plaintiffs and Appellants, v. BAPTIST HOME, INC., a North Dakota non-profit corporation, Defendant and Appellee.

Supreme Court of North Dakota.

July 16, 2003.

Attorney(s) appearing for the Case

Charles "Casey" L. Chapman, Chapman and Chapman, Bismarck, ND, for plaintiffs and appellants.

Steven A. Storslee, Storslee Law Firm, P.C., Bismarck, ND, for defendant and appellee.

NEUMANN, Justice.

[¶ 1] Michelle Van Klootwyk, Jim Wilhelm, and Greg Wilhelm, as heirs and representatives of the estate of Gladys Wilhelm (collectively "Van Klootwyk"), appealed from a judgment and amended judgment dismissing, without prejudice, their wrongful death and personal injury action against Baptist Home, Inc. Because Van Klootwyk's lawsuit is not an action against a physician, nurse, or hospital licensed by the state, we conclude N.D.C.C. § 28...

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