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TRINITY HOSPITALS v. MATTSON

No. 20060121.

723 N.W.2d 684 (2006)

2006 ND 231

TRINITY HOSPITALS, a North Dakota non-profit corporation, Petitioners, v. The Honorable Douglas L. MATTSON, Judge of the District Court, Northwest Judicial District, and Laura Phillips, as Co-Personal Representative, of the Estate of Eleanor Neiss and on behalf of the Heirs at Law of Eleanor Neiss, Respondents.

Supreme Court of North Dakota.

November 15, 2006.

Attorney(s) appearing for the Case

Brenda L. Blazer (argued) and Michael T. Andrews (on brief), Vogel Law Firm, Bismarck, N.D., for petitioners.

Anthony J. Weiler (argued) and David S. Maring (appeared), Maring Williams Law Office, Bismarck, N.D., for respondents.

CROTHERS, Justice.

[¶ 1] Trinity Hospitals, a North Dakota non-profit corporation, petitions for a supervisory writ, asking this Court to direct the district court to vacate its order denying Trinity Hospitals' motion for summary judgment and to dismiss a wrongful death action by Laura Phillips, as personal representative of the estate of Eleanor Neiss, against Trinity Hospitals. We conclude Trinity Hospitals is immune from suit under the exclusive remedy provisions...

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