Hangsleben v. Halverson

Feb 23, 2012
20110211
Reporters:
,

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.