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CONDON v. ST. ALEXIUS MEDICAL CENTER

No. 20180297.

926 N.W.2d 136 (2019)

2019 ND 113

Chenille CONDON, Plaintiff and Appellee v. ST. ALEXIUS MEDICAL CENTER and Allen Michael Booth, M.D., Defendants and Appellants.

Supreme Court of North Dakota.

Filed April 22, 2019.

Attorney(s) appearing for the Case

Thomas J. Conlin (argued), Stacy D. Stennes (appeared), Minneapolis, MN, and Robert V. Bolinske Jr. (on brief), Bismarck, ND, for plaintiff and appellee.

Tracy Vigness Kolb (argued), Bismarck, ND, and Rodger A. Hagen (on brief), Minneapolis, MN, for defendants and appellants.

Matthew A. Sagsveen , Office of Attorney General, Bismarck, ND, for amicus curiae State of North Dakota.

Courtney Koebele , Bismarck, ND, Mark A. Behrens and Cary Silverman , Washington, DC, for amicus curiae North Dakota Medical Association.

Timothy Q. Purdon , Bismarck, ND, and Glenn A. Danas , Los Angeles, CA, for amicus curiae North Dakota Association for Justice.

[¶1] Dr. Allen Booth and St. Alexius Medical Center appeal from a district court judgment finding North Dakota's noneconomic damages cap in medical malpractice cases unconstitutional. Dr. Booth and St. Alexius also argue the district court erred in denying a motion for a new trial. We reverse in part, affirm in part, and remand...

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