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BURGARD v. BENEDICTINE LIVING COMMUNITIES

No. 22994.

680 N.W.2d 296 (2004)

2004 SD 58

Thomas BURGARD, as Personal Representative for the Estate of Anton Burgard, Deceased, Plaintiff and Appellant, v. BENEDICTINE LIVING COMMUNITIES, d/b/a Aberdeen Living Center, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Mark A. Anderson of McNeary & Anderson Aberdeen, South Dakota, Attorneys for plaintiff and appellant.

Reed Rasmussen of Siegel, Barnett and Schutz, Aberdeen, South Dakota, Attorneys for defendant and appellee.

SABERS, Justice.

[¶ 1.] Thomas Burgard, the personal representative for the estate of Anton Burgard, brought suit against Aberdeen Living Center (ALC) for wrongful death and medical malpractice. ALC filed a motion for summary judgment and the trial court granted the motion. Burgard appeals, arguing that our decision in Peterson v. Burns, 2001 SD 126, 635 N.W.2d 556, should be applied prospectively only. The trial court...

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