CICHOS v. DAKOTA EYE INSTITUTE, P.C.

No. 20230212.

2024 ND 71

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, Landon and Sierra Halvorson as parents and natural guardians of A.H. DOB 2011, a minor child, each individually and collectively as assignees of Jeraldine Lima, the Personal Representative of the Estate of Lyle Lima, individually, Plaintiffs and Appellants, and Kenzie Halvorson, individually, Plaintiff, v. Dakota Eye Institute, P.C., Dakota Eye Institute, LLP, Briana Bohn, O.D., individually Defendants and Appellees, and Margaret Cichos, individually, and as the surviving spouse of Bradley Cichos, deceased, and Landon Halvorson and Sierra Halvorson, as natural parents and guardians of Minor A.H., Plaintiffs, v. Lyman Halvorson, Defendant.

Supreme Court of North Dakota.

Filed April 19, 2024.


Attorney(s) appearing for the Case

Jonathon F. Yunker (appeared), Devils Lake, North Dakota, for plaintiff and appellant Margaret Cichos.

Timothy M. O'Keeffe (on brief), Fargo, North Dakota, for plaintiff and appellant Lyman Halvorson.

Scott Wilson (argued), Minneapolis, Minnesota, and Mark V. Larson , (appeared) and Shelby Larson (appeared), Minot, North Dakota, for plaintiffs and appellants Landon and Sierra Halvorson.

Jason R. Vendsel (on brief), Minot, North Dakota, for plaintiff and appellant Jeraldine Lima.

Angela E. Lord (argued) and MacKenzie L. Hertz (on brief), Fargo, North Dakota, for defendants and appellees.

Opinion of the Court by Tufte, Justice, in which Chief Justice Jensen and Surrogate Judge Schmalenberger joined. Justice Crothers and Justice Bahr each filed a dissenting opinion.


[¶1] Plaintiffs appeal from an amended judgment dismissing Dakota Eye Institute, P.C., Dakota Eye Institute, LLP, and Briana Bohn, O.D., individually (Defendants). On appeal, Plaintiffs argue the district court erred in granting summary judgment, because a genuine issue of fact exists as to whether Dr. Bohn's statement was a...

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