ALBERTS v. GIEBINK

No. 13102.

299 N.W.2d 454 (1980)

Gene H. ALBERTS, Plaintiff and Appellant, v. Robert R. GIEBINK; H. Phil Gross; Richard F. Nice; Frederick R. Entwistle; Orthopedic Associates, Ltd.; Sioux Valley Hospital; and Ten Unknown Persons, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 10, 1980.


Attorney(s) appearing for the Case

Robert L. Mabee of Quaintance & Swanson, and Charles L. Dorothy of Dorothy, Craig, Palmer & Harris, Sioux Falls, for plaintiff and appellant.

Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellees; Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on the brief.


HALL, Circuit Judge.

Plaintiff brought suit in 1979 for alleged medical malpractice by defendants, stemming from defendants' medical services to plaintiff following an automobile accident in 1968. Defendants sought dismissal of the action, based upon the present medical malpractice statute of limitations, SDCL 15-2-14.1.1 The circuit court granted summary judgment to defendants, and plaintiff appeals. We reverse and remand.

Plaintiff...

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