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VAN ZEE v. SIOUX VALLEY HOSPITAL

Nos. 13270, 13279.

315 N.W.2d 489 (1982)

Steve VAN ZEE and Judy Van Zee, Plaintiffs and Appellants, v. SIOUX VALLEY HOSPITAL, a South Dakota corporation, Defendant and Appellee, and Orthopedic and Fracture Center, P. A., a South Dakota professional association; and John Billion, Defendants.

Supreme Court of South Dakota.

Decided February 3, 1982.

Attorney(s) appearing for the Case

Sidney B. Strange of Strange & Strange, Sioux Falls, for plaintiffs and appellants.

Sarah L. Richardson of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee; Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

HENDERSON, Justice.

ACTION

Appellants Steve and Judy Van Zee appeal from a judgment based on a jury verdict which found that appellee Sioux Valley Hospital was not negligent in its care of Steve Van Zee.1 This appeal is predicated on appellants' contention that the jury should have been instructed on the doctrine of res ipsa loquitur. We agree, reverse and remand.

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