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DICK v. LEWIS

Civ. No. A78-3018.

506 F.Supp. 799 (1980)

Steven Clair DICK, an incompetent, by Gordon Clair Dick, his guardian ad litem, Plaintiff, v. Dr. Asle Kingsley LEWIS, Lisbon Memorial Hospital, and Jane Doe and Rachel Roe, whose true names are to plaintiff unknown, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

January 28, 1980.

Attorney(s) appearing for the Case

Wayne G. Aarestad, Aarestad & Aarestad, Fargo, N. D., for plaintiff; Robert W. Rischmiller, Rischmiller, Wasche & Knippel, Minneapolis, Minn., of counsel.

H. Patrick Weir, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, N. D., for Lisbon Memorial Hospital.

Frank J. Magill and E. T. Conmy, III, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., for Dr. Asle Kingsley Lewis.

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

Plaintiff in this action suffers from cerebral palsy, spastic paraplegia and mental retardation. He alleges his condition resulted from the negligent mishandling of his birth in 1960. The thrust of his case is that defendants, through inadequate procedures, permitted a prolonged labor due to cephalopelvic disproportion which resulted in a perinatal asphyxia that caused the cerebral palsy. Defendants denied...

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