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SHAMBURGER v. BEHRENS

No. 15505.

418 N.W.2d 299 (1988)

Elston SHAMBURGER and Signe Shamburger, Plaintiffs and Appellees, v. Clayton L. BEHRENS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 13, 1988.

Attorney(s) appearing for the Case

Donald R. Shultz, of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, for plaintiffs and appellees.

William G. Porter and Lonnie R. Braun, of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for defendant and appellant.

SABERS, Justice (on reassignment).

This medical malpractice case is before this court for the second time. In Shamburger v. Behrens, 380 N.W.2d 659 (S.D. 1986), we reversed a jury verdict in favor of Dr. Clayton L. Behrens (Behrens) and remanded for a new trial because a jury instruction on good faith error by a physician was improper.

The second trial concluded with a jury verdict for Elston and Signe Shamburger...

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