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MOUSSEAU v. SCHWARTZ

Nos. 24109, 24125.

756 N.W.2d 345 (2008)

2008 SD 86

Diane MOUSSEAU, Plaintiff and Appellant, v. Steven SCHWARTZ, M.D., and, Steven Schwartz, M.D., P.C., d/b/a West River Neurosurgery & Spine, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 20, 2008.

Attorney(s) appearing for the Case

Michael C. Loos of Clayborne, Loos, Strommen & Gusinisky, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

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

GILBERTSON, Chief Justice.

[¶ 1.] On November 15, 2002, Diane Mousseau (Mousseau) filed suit against 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 on February 12-15, 2006, in the South Dakota Seventh Judicial Circuit. The jury entered a verdict for Dr. Schwartz and on February 21, 2006, the trial court entered judgment...

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