Severance v. Howe
Annotate this CaseRandy Severance appealed the dismissal of his personal injury claim against Dr. Brenden Howe. The district court dismissed the case because Severance did not submit an affidavit containing an expert opinion to support a prima facie case of professional negligence as required by N.D.C.C. § 28-01-46. The North Dakota Supreme Court held Severance pleaded a cognizable claim for the intentional tort of battery and that N.D.C.C. § 28-01-46 did not apply to intentional torts. Accordingly, the Court reversed the dismissal judgment and remanded for further proceedings.
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