Court of Appeals Published Opinions

DECISIONS OF THE COURT OF APPEALS

FILED TUESDAY, FEBRUARY 2, 2010

A09-452          In the Matter of the Guardianship and Conservatorship of: 
                        Harold F. Doyle, Ward.
                        Aitkin County District Court, Hon. David  J. TenEyck.
            It is error for a district court to take judicial notice of non-record documents that the parties have not had an opportunity to challenge or address.
            Affirmed in part, reversed in part, and remanded.  Judge David Minge.



A09-683          Stacy G. Juetten, Appellant, vs. LCA-Vision, Inc., d/b/a
                        LasikPlus Vision Center, a Delaware corporation, Defendant;
                        David Whiting, MD, Respondent.
                        Hennepin County District Court, Hon. Robert A. Blaeser.
            A medical malpractice plaintiff who misses the deadline for serving a defendant corporation with expert witness affidavits required by Minnesota Statutes section 145.682, subdivisions 2(2) and 4 may not avoid dismissal of her suit by amending her complaint to add a physician defendant whose alleged negligence constitutes the same cause of action as her claim against the original corporate defendant.
            Affirmed.  Judge Kevin G. Ross.