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WEISBECK v. HESS

No. 18509.

524 N.W.2d 363 (1994)

James WEISBECK, Plaintiff and Appellee, v. James HESS and Mountain Plains Counseling Center, Petitioners and Appellants.

Supreme Court of South Dakota.

Reassigned June 30, 1994.

Decided November 9, 1994.

Attorney(s) appearing for the Case

Steven C. Beardsley, Mary A. Gubbrud, Lynn, Jackson, Shultz & Lebrun, Rapid City, for plaintiff and appellee.

J. Crisman Palmer, Talbot J. Wieczorek, Gunderson, Palmer, Goodsell & Nelson, Rapid City, for petitioners and appellants.

HENDERSON, Retired Justice (on reassignment).

PROCEDURAL HISTORY/ISSUES

This is an intermediate appeal which poses a question of first impression for this Court. James Weisbeck (Weisbeck) brought suit against Dr. James Hess (Hess), sole owner of Mountain Plains Counseling Center, alleging professional negligence.

During discovery, Weisbeck requested that Hess produce a list of his patients from...

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