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MAGBUHAT v. KOVARIK

No. 14700.

382 N.W.2d 43 (1986)

John MAGBUHAT and Sandra Magbuhat Special Representatives of the Deceased Minor Child, and John Magbuhat and Sandra Magbuhat, Individually, Plaintiffs and Appellants. v. Richard A. KOVARIK, M.D., Norman D. Neu, M.D., and Rapid City Regional Hospital, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 19, 1986.

Rehearing Denied March 27, 1986.

Attorney(s) appearing for the Case

Franklin J. Wallahan, Wallahan Law Office, Rapid City, for plaintiffs and appellants.

William G. Porter of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendants and appellees, Kovarik and Neu.

Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and appellees, Rapid City Regional Hosp.

FOSHEIM, Chief Justice.

Plaintiffs, John and Sandra Magbuhat (Magbuhats), seek a new trial from a verdict in favor of Defendants, Doctors Kovarik and Neu (Doctors) and Rapid City Regional Hospital (Hospital). We reverse and remand for a new trial.

Magbuhats' baby daughter was delivered by cesarian section approximately eleven and one-half hours after Sandra was admitted to Hospital's labor room. Doctors Kovarik and Neu attended. The baby was soon flown to...

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