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Uhde v. Brook West Chiropractic Clinic11/22/2005
was tolled because of appellant's mental impairment due to her many strokes and resulting depression. Uhde v. Brook W. Chiropractic Clinic, 2004 WL 1559825 (Minn. App. July 13, 2004), review denied (Minn. Sept. 21, 2004). It was only after the supreme court denied respondents' petition for further review that appellant informally sought an extension of the expert affidavit deadline; she did not file a formal motion to extend the deadline until November 8, 2004. Appellant did not file an affidavit of expert identification until February 19, 2005, more than one month after respondents brought the current motion for summary judgment based on appellant's failure to file the affidavit.
Given these facts, even if we agree with appellant's contention that the statute was tolled during the pendency of her appeal, we nevertheless conclude that appellant was aware of the statutory deadline but failed to timely submit an expert affidavit. Under either the good cause or excusable neglect standard, appellant failed to provide an appropriate reason for extending the time to serve the expert witness affidavit. We therefore conclude that the district court did not err in dismissing appellant's complaint.
Affirmed.
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