Interest of S.R.B.
2013 ND 75
| N.D. | 2013Background
- Johnson, self-represented, sought damages after involuntary hospitalization in 2007; defendants included Bronson, Prairie St. John’s Hospital, and staff plus Mottinger.
- She asserted ten claims including medical negligence, negligent credentialing, false imprisonment, and various emotional distress and malpractice theories.
- The district court granted summary judgment for Bronson and Mottinger on key claims and awarded costs to defendants; Johnson appealed.
- Key issue centered on whether expert proof supported a prima facie medical negligence claim and whether causation was shown.
- The court also addressed Johnson’s motion to amend, Rule 60(b) relief, and objections to costs/disbursements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bronson lacked prima facie medical negligence evidence | Johnson argues Bronson breached standard of care and caused damages. | Bronson contends no competent expert evidence shows duty, breach, or causation. | Summary judgment affirmed; no prima facie standard or causation evidence. |
| Whether Mottinger failed to establish causation in legal malpractice | Runge opinion shows breach caused damages. | No causation shown; a negligent act would have changed outcome. | Summary judgment affirmed; lack of causation defeats claim. |
| Whether the district court properly denied Rule 60(b) relief | Johnson seeks relief for newly proffered evidence and reconsideration. | No exceptional circumstances; late evidence and reargument do not justify relief. | Rule 60(b) motion denied; no abuse of discretion. |
| Whether the district court properly awarded costs and disbursements | Costs should be reduced; many items unnecessary. | Costs were reasonable and necessary given the litigation history. | Affirmed district court’s award of costs/disbursements. |
Key Cases Cited
- Scheer v. Altru Health Sys., 734 N.W.2d 778 (ND 2007) (establishes prima facie elements for medical negligence)
- Barbie v. Minko Constr., Inc., 766 N.W.2d 458 (ND 2009) ( Rule 56 burden; genuine issues of material fact required)
- Van Klootwyk v. Baptist Home, Inc., 665 N.W.2d 679 (ND 2003) (purpose of expert affidavit requirement in medical negligence)
- Haugenoe v. Bambrick, 663 N.W.2d 175 (ND 2003) (obvious occurrence exception to expert requirement)
- Dan Nelson Constr., Inc. v. Nodland & Dickson, 608 N.W.2d 267 (ND 2000) (case-within-a-case doctrine for legal malpractice)
- Swanson v. Sheppard, 445 N.W.2d 654 (ND 1989) (causation element in legal malpractice context)