Chamley v. Khokha

[¶ 42] I cannot agree that as a matter of law North Dakota’s Good Samaritan Act precludes a physician from claiming immunity from civil liability for actions taken while providing voluntary assistance during an in-hospital medical emergency. I therefore concur in the result because I would have remanded this case for trial on disputed issues of fact arising under our law.

[¶ 43] The majority holds as a matter of law that Dr. Khokha cannot be immune from suit because he was paid for rendering medical care within his employer’s hospital. I disagree with them because they *875read more into our law…