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GLANZER v. REED

Nos. 24673, 24697.

757 N.W.2d 417 (2008)

2008 SD 104

Lillian R. GLANZER, John Glanzer, and Fordham Hutterian Brethren, Inc., Plaintiffs and Appellees, v. Richard H. REED, M.D., Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 29, 2008.

Attorney(s) appearing for the Case

William P. Fuller, Susan M. Sabers, Hilary L. Williamson of Fuller & Sabers, LLP, Sioux Falls, South Dakota, Jeff Burns of Churchill, Manolis, Freeman, Kludt, Shelton & Burns Huron, South Dakota, Attorneys for plaintiffs and appellees.

William M. Hart, Barbara A. Zurek, Nicole L. Brand of Meagher & Geer, PLLP Minneapolis, Minnesota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] In this medical malpractice action, the jury returned a verdict in favor of the doctor, finding no negligence. After the verdict, we handed down Papke v. Harbert, 2007 SD 87, 738 N.W.2d 510, where we ruled that the "error in judgment" pattern jury instruction should not be given in medical malpractice cases. Because that instruction was used in this case, the circuit court granted plaintiff...

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