Van Klootwyk v. Baptist Home, Inc.

NEUMANN, Justice.

[¶ 1] Michelle Van Klootwyk, Jim Wilhelm, and Greg Wilhelm, as heirs and representatives of the estate of Gladys Wilhelm (collectively “Van Klootwyk”), appealed from a judgment and amended judgment dismissing, without prejudice, their wrongful death and personal injury action against Baptist Home, Inc. Because Van Klootwyk’s lawsuit is not an action against a physician, nurse, or hospital licensed by the state, we conclude N.D.C.C. § 28-01^16 does not apply and the trial court erred in dismissing the case. We reverse and remand for further proceedings.

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[¶ 2] In June 1998,…