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PAPKE v. HARBERT

Nos. 24043, 24044.

738 N.W.2d 510 (2007)

2007 SD 87

Adeline PAPKE, Plaintiff and Appellant, v. Thomas HARBERT, M.D., Mark Harlow, M.D. and Aberdeen Orthopedics & Sports Medicine, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 15, 2007.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr., Scott N. Heidepriem, Brendan V. Johnson of Johnson, Heidepriem, Miner, Marlow and Janklow, L.L.P., Chet Groseclose, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Reed Rasmussen of Siegel, Barnett and Schutz, L.L.P., Aberdeen, South Dakota, Attorneys for defendants and appellees.

KONENKAMP, Justice.

[¶ 1.] In this medical malpractice appeal, plaintiff contends that the circuit court erred in giving the jury an "error in judgment" instruction and in other respects. We affirm in part, reverse in part, and remand for a new trial.

Background

[¶ 2.] On September 3, 2002, Adeline Papke, age seventy, was outside watering her flowers when her left knee gave out and she fell. She was unable to get up on her own and was taken...

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