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Gary A. Hangsleben, On Behalf of the Heirs At Law of Delores M. v. Gail R. Halverson

IN THE SUPREME COURT STATE OF NORTH DAKOTA


February 23, 2012

GARY A. HANGSLEBEN, ON BEHALF OF THE HEIRS AT LAW OF DELORES M. HANGSLEBEN, PLAINTIFF AND APPELLANT
v.
GAIL R. HALVERSON, RUSSELL HALVERSON, JUSTIN HALVERSON, MATT HALVERSON, DR. LARRY O. HALVERSON, DR. ROBIN T. HAPE, VALLEY ELDERCARE CENTER - VALLEY MEMORIAL HOMES, GOOD SAMARITAN HERITAGE GROVE AND ALTRU HEALTH SYSTEMS, DEFENDANTS AND APPELLEES

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Debbie Gordon Kleven, Judge.

Per curiam.

N.D. Supreme CourtHangsleben v. Halverson, 2012 ND 42

This opinion is subject to petition for rehearing. [Go o Documents]

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AFFIRMED.

Per Curiam.

[¶1] Gary Hangsleben, on behalf of the heirs at law of his mother, Delores Hangsleben, appeals from a judgment dismissing his action involving his mother's death against his sister, Gail Halverson, and her family, Russell, Justin, and Matt Halverson, against Dr. Larry Halverson, Dr. Robin Hape, and Altru Health Systems, against Valley Eldercare Center-Valley Memorial Homes, and against Good Samaritan Heritage Grove. Gary Hangsleben argues: (1) the district court erred in dismissing his claims against the doctors and providers because he failed to provide an affidavit of a medical expert under N.D.C.C. § 28-01-46; (2) the court erred in dismissing his survivor claims because he was not his mother's designated personal representative and lacked standing to bring that claim; (3) the court erred in dismissing his wrongful death claim because he failed to raise a genuine issue of material fact; and (4) the court erred in denying his motion to compel discovery. We affirm under N.D.R.App.P. 35.1(a)(4) and (6).

[¶2] Gerald W. VandeWalle, C.J. Daniel J. Crothers Mary Muehlen Maring Dale V. Sandstrom John E. Greenwood, D.J.

[¶3] The Honorable John E. Greenwood, D.J., sitting in place of Kapsner, J., disqualified.

20120223

© 1992-2012 VersusLaw Inc.



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