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VOEGELI v. LEWIS

No. 76-1690.

568 F.2d 89 (1977)

Dicky D. VOEGELI and Sharon Voegeli, Appellants, v. Harvard R. LEWIS and Methodist Hospital, a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1977.

Attorney(s) appearing for the Case

Gerald L. Reade, Yankton, S. D., for appellant; John R. Kabeiseman, Yankton, S. D., on the brief.

Carleton R. Hoy, Sioux Falls, S. D., for appellee Lewis.

Joseph H. Barnett, Aberdeen, S. D., for appellee Methodist Hospital.

Before LAY and WEBSTER, Circuit Judges, and REGAN, Senior District Judge.

WEBSTER, Circuit Judge.

This appeal requires us to review the evidence and trial rulings in a medical malpractice suit1 resulting in a jury verdict in favor of the treating doctor and the hospital in which the treatment occurred.

On Saturday, May 27, 1972, thirty-five-year-old Dicky Voegeli was riding a friend's motorcycle near Mitchell, South Dakota, when it tipped over at a speed of approximately five miles per hour. Voegeli...

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