Schaaf v. Dahl

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

HOVLAND, Chief Judge.

Before the Court is the Defendants’ Motion For Summary Judgment filed on May 21, 2004. For the reasons set forth below, the motion is denied.

I. BACKGROUND

On February 15, 2001, the plaintiff, Er-vin Schaaf, broke his right leg when he slipped and fell on ice while exiting a bus he had been operating in South Dakota. Upon arrival at St. Alexius Medical Center in Bismarck, North Dakota, the defendant, Dr. Charles Dahl, diagnosed the injury as an oblique fracture of the mid-shaft of his right tibia 1 with a comminuted 2…