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KOSTEL v. SCHWARTZ

Nos. 24244, 24254.

756 N.W.2d 363 (2008)

2008 SD 85

Patricia KOSTEL, Plaintiff and Appellee, v. Steven B. SCHWARTZ, M.D., individually, Steven B. Schwartz, M.D., P.C., d/b/a West River Neurosurgery & Spine, a professional corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided August 20, 2008.

Attorney(s) appearing for the Case

G. Verne Goodsell, Terence R. Quinn, Matthew E. Naasz of Gunderson, Palmer, Goodsell & Nelson, LLP Rapid City, South Dakota, Attorneys for plaintiff and appellee.

Lonnie R. Braun, Timothy L. Thomas, Gregory J. Bernard of Thomas Nooney Braun Solay & Bernard, LLP Rapid City, South Dakota, Attorneys for defendants and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] Patricia Kostel (Kostel) filed suit against Dr. Steven B. Schwartz, M.D. and Steven B. Schwartz, M.D., P.C., d/b/a West River Neurosurgery & Spine (collectively Dr. Schwartz) alleging medical malpractice. The case was tried to a jury May 30 through June 8, 2006, in the South Dakota Seventh Judicial Circuit. The jury entered a verdict for Kostel and on June 27, 2006, the trial court entered a judgment on the verdict. We affirm...

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