AYLING v. SENS

No. 20180231.

926 N.W.2d 147 (2019)

2019 ND 114

Robin E. AYLING, individually and as parent of Blake Christopher Ayling, deceased, Plaintiff and Appellant v. Mary Ann SENS, M.D., Ph.D., individually, as Grand Forks County Coroner (public official); as North Dakota State Forensic Examiner Pathologist Designee (public official); and as Co-Director of the University of North Dakota School of Medicine and Health Sciences Forensic Pathology Practice Facility, Defendant and Appellee and University of North Dakota, a public University of the North Dakota University System, Dr. Mark Koponen, individually and as Co-Director of the University of North Dakota School of Medicine and Health Sciences Forensic Pathology Practice Facility, and Dr. Joshua Wynn individually and in his official capacity as Dean of the University of North Dakota School of Medicine and Health Sciences including the Forensic Pathology Practice Facility, Defendants and Appellees and Grand Forks County, as a political subdivision and its States Attorney David Jones in his official capacity and individually, and its Commissioners in their official capacity as a Board and individually, specifically Gary Malm, David Engen, Tom Falck, Diane Knauf, and Cynthia Pic, Defendants and Appellees and Dr. William Massella, individually and in his official capacity as North Dakota State Forensic Examiner, Defendant and Appellee.

Supreme Court of North Dakota.

Filed April 25, 2019.


Attorney(s) appearing for the Case

Robin E. Ayling, self-represented, Champlin, Minnesota, plaintiff and appellant.

Matt A. Paulson (argued) and Randall S. Hanson (on brief), Special Assistant Attorneys General, Grand Forks, North Dakota, for defendants and appellees Mary Ann Sens, M.D., Ph.D., Dr. Mark Koponen, Dr. Joshua Wynn, and Dr. William Massella.

Joseph E. Quinn (argued) and Daniel L. Gaustad (on brief), Grand Forks, North Dakota, for defendants and appellees Grand Forks County, State's Attorney David Jones, and County Commissioners Gary Malm, David Engen, Tom Falck, Diane Knauf, and Cynthia Pic.


[¶1] Robin Ayling appeals from a judgment dismissing her claims against Mary Ann Sens, M.D., UND School of Medicine employees, and the Grand Forks County State's Attorney and Board of Commissioners relating to her son's death. Ayling also appeals from an order denying her motion to reconsider. The district court concluded Ayling...

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