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GREENE v. MATTHYS

No. 20160284.

893 N.W.2d 179 (2017)

2017 ND 107

Mechele M. GREENE, Plaintiff and Appellant v. Gary A. MATTHYS, M.D., d/b/a Matthys Orthopaedic Center, Defendant and Appellee

Supreme Court of North Dakota.

Filed April 25, 2017.

Attorney(s) appearing for the Case

Kerry S. Rosenquist (appeared) & Lawrence E. King (argued), 301 N. Third St., Ste. 300, Grand Forks, ND 58203, for plaintiff and appellant.

Michael C. Waller (argued), P.O. Box 2798, Bismarck, ND 58502-2798, for defendant and appellee.

[¶ 1] Mechele Greene appeals a district court's judgment dismissing her claim without prejudice for failure to serve an affidavit from an expert witness on Gary Matthys, M.D., within three months of commencing the action under N.D.C.C. § 28-01-46. We conclude, as to the use of the term "affidavit," N.D.C.C. § 28...

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