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BALLENSKY v. FLATTUM-RIEMERS

No. 20050277.

716 N.W.2d 110 (2006)

2006 ND 127

Jerric D. BALLENSKY, Plaintiff and Appellant v. Jan Marie FLATTUM-RIEMERS, M.D., Defendant and Appellee Hazen Memorial Hospital Association, d/b/a Sakakawea Medical Center and Missouri Slope Medical Arts, and Missouri Slope Medical Arts, a partnership of Jan Flattum-Riemers and Roger Kulas, Defendants.

Supreme Court of North Dakota.

June 5, 2006.

Attorney(s) appearing for the Case

Michael Ray Hoffman, Bismarck, N.D., for plaintiff and appellant.

Michael T. Andrews, Vogel Law Firm, Bismarck, N.D., for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Jerric D. Ballensky appeals from a summary judgment dismissing his lawsuit against Dr. Jan Flattum-Riemers for damages for breach of the physician-patient privilege. We conclude Ballensky's failure to file his complaint after one defendant's demand to file the complaint does not void service of the summons as to other defendants, Ballensky presented sufficient evidence to raise a factual dispute about whether he was damaged by Dr. Flattum...

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