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SMITH v. ST. LUKE'S HOSPITAL

Civ. No. 79-1031.

480 F.Supp. 58 (1979)

Maureen O'Connor SMITH, Guardian of the Person and Estate of Dwight C. Smith, also known as D. C. Smith, and the United States of America, Plaintiffs, v. ST. LUKE'S HOSPITAL, a corporation, Kumar Kelker, M.D.; C. L. Vogele, M.D.; Kennon E. Broadhurst, M.D.; and Chung Shien Yu, M.D., Defendants.

United States District Court, D. South Dakota, N. D.

September 24, 1979.

Attorney(s) appearing for the Case

R. P. Murley, Asst. U. S. Atty., Sioux Falls, S.D., for the U. S.

Joe L. Maynes, Maynes, Tonner, Maynes & Tobin, Aberdeen, S.D., for Maureen O'Connor Smith; Mark D. Ravreby, M.D., West Des Moines, Iowa, of counsel.

Joseph H. Barnett, Siegel, Barnett, Schutz, O'Keefe, Jewett & King, Aberdeen, S.D., Deming Smith, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for defendants.

Chester A. Groseclose, Jr., Richardson, Groseclose, Kornmann & Wyly, Aberdeen, S.D., for defendant Chung Shien Yu, M.D.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

FACTUAL BACKGROUND

This action was originally brought in the Circuit Court for the Fifth Judicial Circuit, Brown County, South Dakota, by Maureen O'Connor Smith, as Guardian of the Person and Estate of Dwight C. Smith. Mrs. Smith sought recovery for injuries to Mr. Smith, which were alleged to have been caused by negligence of defendants St. Luke's...

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