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CORCORAN v. McCARTHY

No. 25048.

778 N.W.2d 141 (2010)

2010 SD 7

Jeanine CORCORAN, Plaintiff and Appellee, v. David Charles McCARTHY and Kemps, LLC, d/b/a Kemps Dairy Products, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 27, 2010.

Attorney(s) appearing for the Case

Steven C. Beardsley, Brad J. Lee of Beardsley, Jensen and Von Wald, Prof. LLC, Rapid City, South Dakota, for plaintiff and appellee.

Edwin E. Evans, Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Donald A. Porter, Stephen C. Hoffman, of Costello Porter Hill Heisterkamp Bushnell & Carpenter, LLP, Rapid City, South Dakota, for defendants and appellants.

ZINTER, Justice.

[¶ 1.] Jeanine Corcoran was injured in an automobile accident caused by David McCarthy. Corcoran brought suit against McCarthy and his employer (collectively McCarthy) for chronic pain, mental anguish, and loss of enjoyment of life. Following a jury award of substantial damages, McCarthy discovered that Corcoran had failed to disclose and produce requested medical records relating to treatment she had received for preexisting psychological problems...

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