Greene v. Matthys

McEvers, Justice.

[¶ 1] Mechele Greene appeals a district court’s judgment dismissing her claim without prejudice for failure to serve an affidavit from an expert witness on Gary Matthys, M.D., within three months of commencing the action under N.D.C.C. § 28-01-46. We conclude, as to the use of the term “affidavit,” N.D.C.C. § 28-01-46 is clear on its face; the statute required Greene to serve Matthys with an affidavit from an expert; and Greene has not met the requirements of N.D.C.C. § 28-01-46 as a matter of law. Therefore, we affirm the district court’s judgment dismissing Greene’s claim…