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DODSON v. DHS

No. 23234.

703 N.W.2d 353 (2005)

2005 SD 91

Jason DODSON, individually and as Special Administrator of the Estate of Kristi M. Dodson, Deceased, Plaintiff and Appellant, v. SOUTH DAKOTA DEPARTMENT OF HUMAN SERVICES and South Dakota Human Services Center; Dr. Hartley Alsgaard, individually and in his capacity as an employee of the South Dakota Department of Human Services, Defendants and Appellees, and Avera McKennan Hospital of Sioux Falls and Dr. Matthew Stanley, Defendants.

Supreme Court of South Dakota.

Decided August 10, 2005.

Attorney(s) appearing for the Case

Edward C. Carpenter of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, South Dakota, Attorneys for plaintiff and appellant Jason Dodson.

Gary P. Thimsen and Mary A. Akkerman of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendants and appellees South Dakota Department of Human Services and Human Services Center and Dr. Hartley Alsgaard.

RUSCH, Circuit Judge.

[¶1.] In this medical malpractice action, Jason Dodson (Jason), individually and as special administrator of the estate of his wife, Kristi M. Dodson (Kristi), appeals from a decision of a Minnehaha County jury that barred any recovery because of Kristi's contributory negligence. Because the trial court erred in how it instructed the jury on the issue of contributory negligence, we reverse and remand for a new trial.

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