New Opinions: Oct. 26
Severance v. Howe 2023 ND 197
Docket No.: 20230084
Filing Date: 10/26/2023
Case Type: MALPRACTICE
Author: Crothers, Daniel John
Highlight: The tort of battery exists at common law. A person is civilly liable for offensive-contact battery if he or she (1) acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (2) an offensive contact with the person of the other directly or indirectly results.
North Dakota is a notice pleading state. North Dakota’s rules do not require plaintiffs to allege every element of their claim. The formal character of a complaint does not strictly determine the cause of action.
Whether to abrogate a common law claim is a policy matter for the Legislature to decide.
Section 28-01-46, N.D.C.C, which requires plaintiffs to submit an affidavit containing an expert opinion to support a prima facie case of professional medical negligence, does not apply to a claim for the intentional tort of battery.
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