Ayling v. Sens

Summary

The North Dakota Supreme Court affirmed dismissal of Robin Ayling’s claims concerning the autopsy and investigation of her son’s death. The court held that the claims were barred by the applicable three-year statutes of limitations because Ayling knew or should have known of a potential claim by December 27, 2013, and it further upheld the district court’s discovery rulings and denial of reconsideration.

Holdings

1. Ayling's claims accrued no later than December 27, 2013, when she had facts sufficient to put her on notice of a potential claim, and her February 2017 lawsuit was untimely under the applicable three-year limitations periods.
2. Summary judgment was proper because no genuine issue of material fact existed concerning when Ayling knew or should have known of a potential claim.
3. The district court did not abuse its discretion by ruling on summary judgment without allowing Ayling's requested additional discovery.
4. The district court did not abuse its discretion by denying Ayling's motion to reconsider or vacate.

Questions Presented

1. Whether the district court properly granted summary judgment because Ayling's claims were barred by the applicable three-year statutes of limitations.
2. Whether the district court abused its discretion by staying discovery and ruling on summary judgment without allowing additional discovery under N.D.R.Civ.P. 56(f).
3. Whether the district court abused its discretion by denying Ayling's motion to reconsider or vacate.

Disposition

affirmed