Scheer v. Altru Health System

SANDSTROM, Justice.

[¶ 1] Loretta Scheer appeals a district court judgment dismissing her professional negligence claim without prejudice for failing to timely serve an expert affidavit within the three-month statutory period. Section 28-01-46, N.D.C.C., provides an exception to dismissal, but only for good cause shown by the plaintiff. Concluding that a plaintiff may move for good cause as late as in response to the defendant’s motion to dismiss, we reverse and remand to the district court to decide whether Scheer has shown good cause for an extension.

I

[¶2] Suffering abdominal pain, Scheer…