Filed 3/1/04 by Clerk of Supreme Court in the SUPREME COURT STATE of NORTH DAKOTA
Filed 3/1/04 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2004 ND 49 Michael Beaudoin, Plaintiff and Appellant v. South Texas Blood & Tissue Center, Defendant and Appellee No. 20030148 Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable Zane Anderson, Judge. REVERSED AND REMANDED. Opinion of the Court by VandeWalle, Chief Justice. Kay Nord Hunt (argued), Robert J. King, Jr., and Diane M. Odeen, Lommen, Nelson, Cole & Stageberg, P.A., 1800 IDS Center, 80 South 8th Street, Minneapolis, MN 55402, and Orell D. Schmitz, Schmitz & Schmidt, P.O. Box 2076, Bismarck, N.D. 58502-2076, for plaintiff and appellant. Michael T. Andrews (argued) and H. Patrick Weir, Vogel Law Firm, P.O. Box 2097, Bismarck, N.D. 58502-2097, for defendant and appellee. Beaudoin v. South Texas Blood & Tissue Center No. 20030148 VandeWalle, Chief Justice. [¶1] Michael Beaudoin appealed from a judgment dismissing without prejudice his action against South Texas Blood & Tissue Center (“South Texas”). We conclude South Texas was properly served with process, and we reverse and remand for further proceedings. [¶2] Beaudoin had his right patellar tendon surgically replaced on August 23, 2000, in Dickinson, North Dakota, with a tendon removed from a cadaver in Texas. At the request of a Connecticut corporation, South Texas shipped the tendon to Dickinson. Beaudoin sued South Texas, alleging the tendon was not sterile, and that, as a result, he contracted an infection in his right knee. A professional process server delivered a copy of the summons and complaint to Betty Nickerson, South Texas’s Executive Office Manager, on August 19, 2002.
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