 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Kostrzewski v. Krishnanaik12/5/2000
, 571 (Minn. 1982) (quoting World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297, 100 S. Ct. 559, 567 (1980)) (emphasis omitted).
Kostrzewski contends that Dr. Johnson has sufficient contacts with Minnesota because he practices in Grand Forks, North Dakota, a border city. Kostrzewski also contends that because Dr. Johnson's employer, Altru Health System, has satellite clinics in Minnesota and because he treated a Minnesota resident and received payment from her Minnesota HMO, that he should reasonably anticipate being haled into court in Minnesota.
But Dr. Johnson simply treated a Minnesota resident and accepted payment from an insurance company based in Minnesota as compensation for services he rendered in North Dakota. He was simply "brought into contact [with the forum state] incidentally through the unilateral activity" of Kostrzewski. Stangel v. Rucker, 398 N.W.2d 602, 605 (Minn. App. 1986) (quotation omitted), review denied (Minn. Mar. 13, 25, June 29, 1987). It was Kostrzewski who contacted his office, Kostrzewski who sought insurance coverage from a Minnesota HMO, and Kostrzewski who sought treatment from a physician practicing exclusively in another state. Dr. Johnson did not purposefully avail himself of any privilege of practicing in Minnesota. The district court properly determined that it lacked personal jurisdiction over Dr. Johnson.
VI.
Kostrzewski claims that the district court improperly dismissed her claims against Dr. Krishnanaik and North Valley Health Center with prejudice. A district court's decision to dismiss a claim with prejudice will not be reversed absent an abuse of discretion. Wessin, 592 N.W.2d at 467. Because we conclude that Kostrzewski's claims against Dr. Krishnanaik and North Valley Health Center are barred by the statute of limitations, we hold that the district court's dismissal with prejudice does not constitute an abuse of discretion.
Affirmed.
|