Froysland v. St. Luke's Hospitals and P. M. Devig, M.D.Civil No. 870038

Gierke, Justice.

Russell Froysland (Froysland) appeals the district court's decision granting summary judgment in favor of St. Luke's Hospitals (St. Luke's) and P. M. Devig, M.D. (Devig). Froysland raises only one issue on appeal.

Froysland contends that the district court erred in finding that his lawsuit was barred by the two-year statute of limitations on malpractice claims, as provided by § 28-01-18, N.D.C.C. Froysland argues that many factual issues remain which need determination in this case and, therefore, granting summary judgment to St. Luke's and Devig is reversible error.

After reviewing the record in this case and considering the facts in the light most favorable to Froysland, we agree with the district court that there are no genuine issues as to any material facts in this case and affirm summary judgment pursuant to Rule 35.1(a)(6)(7), North Dakota Rules of Appellate Procedure. See, Anderson v. Shook, 333 N.W.2d 708 (N.D. 1983).

H.F. Gierke III
Gerald W. VandeWalle
Vernon R. Pederson, S.J.
Herbert L. Meschke
Ralph J. Erickstad, C.J.

Pederson, S.J., sitting in place of Levine, J., disqualified.