Cynthia Maguire and Joseph Maguire v. Dr. Clark Taylor, Dds, Md and Quain and Ramstad Clinic, P.C.

Cynthia Maguire and her husband, Joseph Maguire, brought a malpractice claim against Dr. Clark Taylor arising out of facial surgery on Cynthia Maguire. Federal jurisdiction was based on diversity of citizenship, under 28 U.S.C. § 1332 (1988). The district court granted Dr. Taylor’s motion to dismiss the medical malpractice claims raised by Maguire because the record failed to support the claims. The court held that Maguire could not establish negligence and could not rely on res ipsa loquitur to establish negligence under North Dakota law. Maguire appeals. We affirm.

Maguire was referred to…