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  5. 544 N.W.2d 183 (1996)
 

MATTER OF CERTIF. OF QUESTIONS OF LAW

No. 18838.

544 N.W.2d 183 (1996)

1996 SD 10

In the MATTER OF the CERTIFICATION OF QUESTIONS OF LAW FROM the UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, PURSUANT TO the PROVISIONS OF SDCL 15-24A-1, and concerning federal action. William KNOWLES and Jane Knowles, on behalf of themselves and as guardians of their minor son, Kris Knowles, Plaintiffs, v. UNITED STATES of America, Defendant.

Supreme Court of South Dakota.

Decided January 31, 1996.

Attorney(s) appearing for the Case

John J. Delaney, Johnson Huffman, P.C., Rapid City, for plaintiffs.

Bonnie P. Ulrich, Craig Peyton Gaumer, Assistant U.S. Attorneys Office, Sioux Falls, for defendant.

Mark Barnett, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, for Amicus Curiae State of South Dakota.

Timothy M. Engel of May, Adam, Gerdes & Thompson, Pierre, for Amicus Curiae South Dakota State Hospital Association and South Dakota State Medical Association.

[¶ 1] Justice RICHARD W. SABERS delivers the majority opinion of the Court on the result of unconstitutionality of the damages cap of SDCL 21-3-11 based on due process and on questions 3 and 4.

[¶ 2] Justice DAVID GILBERTSON delivers the majority opinion of the Court on the rationale for unconstitutionality and on the revival of the 1985 version of SDCL 21-3-11 and on question 2.

[¶ 3] SABERS, Justice, writing the majority opinion on the result...

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