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SCHEER v. ALTRU HEALTH SYSTEM

No. 20060333.

734 N.W.2d 778 (2007)

2007 ND 104

Loretta SCHEER, Plaintiff and Appellant v. ALTRU HEALTH SYSTEM and Leslie Sullivan, M.D., Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied July 25, 2007.

Attorney(s) appearing for the Case

Richard A. Clapp (on brief) and Sarah S. Barron (argued), Pearson Christensen & Clapp, PLLP, Grand Forks, N.D., for plaintiff and appellant.

Randall S. Hanson (argued) and Donna M. Smith (appeared), Camrud, Maddock, Olson & Larson, Ltd., Grand Forks, N.D., for defendants and appellees.

SANDSTROM, Justice.

[¶ 1] Loretta Scheer appeals a district court judgment dismissing her professional negligence claim without prejudice for failing to timely serve an expert affidavit within the three-month statutory period. Section 28-01-46, N.D.C.C., provides an exception to dismissal, but only for good cause shown by the plaintiff. Concluding that a plaintiff may move for good cause as late as in response to the defendant's motion to dismiss, we reverse...

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