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VOGT v. BILLION

No. 15063.

405 N.W.2d 635 (1987)

Lisa VOGT, Plaintiff and Appellant, v. John BILLION, M.D. and Orthopedic and Sports Medicine, P.C., Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 6, 1987.

Attorney(s) appearing for the Case

Steven L. Jorgensen, Sioux Falls, for plaintiff and appellant.

Carleton R. Hoy and Rick W. Orr of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellees.

MARTIN, Circuit Judge.

Lisa Vogt (appellant), seeks a new trial after a verdict in favor of defendants, John Billion, MD and Orthopedic and Sports Medicine, P.C. (appellees). We reverse and remand for a new trial.

It is unnecessary to set forth in detail the facts of this case other than to state it is a malpractice action. The trial court gave the following instruction:

If a physician brings to his patient care, skill and knowledge, he is not liable...

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