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HOFFNER v. JOHNSON

No. 20020208.

660 N.W.2d 909 (2003)

2003 ND 79

Monte L. HOFFNER and Kris Hoffner, Plaintiffs and Appellants v. George M. JOHNSON, M.D. and Fargo Clinic/MeritCare, Defendants and Appellees.

Supreme Court of North Dakota.

May 12, 2003.

Attorney(s) appearing for the Case

Lee R. Bissonette (argued), Lambert & Bissonette, Wayzata, MN, Scott K. Porsborg (appeared), Smith Bakke Oppegard Porsborg Wolf, Bismarck, and Daniel L. Hovland (on brief), for plaintiffs and appellants.

Angela Elsperger Lord (argued) and Jane C. Voglewede (on brief), Vogel Law Firm, Fargo, for defendants and appellees.

VANDE WALLE, Chief Justice.

[¶ 1] Monte and Kris Hoffner appealed from a judgment dismissing their claims against Dr. George M. Johnson and Fargo Clinic/MeritCare. We affirm, concluding the six-year statute of repose for medical malpractice is constitutional and bars the claims in this action.

I

[¶ 2] In 1988, Dr. Johnson diagnosed fourteen-year-old Monte Hoffner with Type I diabetes. Monte was hospitalized for a time and, upon discharge...

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