Severson v. Gupta, et al.

Citations

• 2025 ND 101

Syllabus

An appeal from a district court judgment granting a motion for summary judgment is reviewed under the de novo standard. N.D.R.Civ.P. 56 allows a court to grant summary judgment for prompt and expeditious disposition of a controversy without a trial if either party is entitled to judgment as a matter of law, and if no dispute exists as to either the material facts or the inferences to be drawn from undisputed facts, or if resolving disputed facts would not alter the result. A district court did not err granting a motion for summary judgment dismissing a claim of medical malpractice because the plaintiff failed to provide an affidavit containing an expert opinion as required by N.D.C.C. § 28-01-46.