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PETERSON, EX REL. PETERSON v. BURNS

No. 21689.

635 N.W.2d 556 (2001)

2001 SD 126

Ruby PETERSON, Individually and As Special Administratrix of the Estate of Edward L. PETERSON, Deceased, Plaintiff and Appellee, v. Robert J. BURNS, Defendant and Appellee, and Glen Johnson and Gregory Eiesland, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 24, 2001.

Rehearing Denied November 13, 2001.

Attorney(s) appearing for the Case

Mark V. Meierhenry and Robin Jacobson Houwman of Danforth, Meierhenry & Meierhenry, Sioux Falls, for plaintiff and appellee.

Daniel F. Duffy of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellee Robert Burns.

Richard O. Gregerson of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellants Glen Johnson and Gregory Eiesland.

GORS, Circuit Judge.

[¶ 1.] Attorneys Glen Johnson and Gregory Eiesland (Johnson and Eiesland) petitioned for intermediate appeal from a circuit court decision that determined that the three-year wrongful death statute of limitations, rather than the two-year medical malpractice statute of limitations, governs wrongful death claims from medical malpractice. The petition was granted and we now reverse.

FACTS

[¶ 2.] In Peterson v. Hohm...

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