CICHOS v. DAKOTA EYE INSTITUTE, P.C.

No. 20180347.

933 N.W.2d 452 (2019)

2019 ND 234

Margaret CICHOS, individually, and as the surviving spouse of Bradley Cichos, and as Personal Representative of the Estate of Bradley Cichos, deceased, Lyman Halvorson, individually, Kenzie Halvorson, individually, Landon and Sierra Halvorson as parents and natural guardians of A.H. DOB XXXX, a minor child, each individually and collectively as assignees of Lyle Lima, Lyle Lima, individually, Plaintiffs and Appellants v. DAKOTA EYE INSTITUTE, P.C., Dakota Eye Institute, LLP, Briana Bohn, O.D., individually, Defendants and Appellees.

Supreme Court of North Dakota.

Filed September 24, 2019.


Attorney(s) appearing for the Case

Daniel M. Traynor (argued) and Jonathon F. Yunker (appeared), Devils Lake, N.D., for plaintiff and appellant Margaret Cichos.

Timothy M. O'Keeffe (on brief), Fargo, N.D., for plaintiffs and appellants Lyman and Kenzie Halvorson.

Mark V. Larson (appeared), Minot, N.D., for plaintiffs and appellants Landon and Sierra Halvorson.

Jason R. Vendsel (on brief), Minot, N.D., for plaintiff and appellant Lyle Lima.

Tracy V. Kolb (argued), Bismarck, N.D., for defendants and appellees.


[¶1] Plaintiffs appeal from the district court's judgment and amended judgment dismissing their complaint. The parties dispute whether a physician in North Dakota owes a duty to third parties to warn a patient regarding vision impairments to driving; whether medical malpractice claims are assignable; and whether the medical...

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