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ESTES v. LONBAKEN

No. 25768.

803 N.W.2d 609 (2011)

2011 S.D. 52

Denise E. ESTES and Percy J. Estes, Plaintiffs and Appellants, v. David R. LONBAKEN, DPM, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 31, 2011.

Attorney(s) appearing for the Case

Carleton R. Hoy , Scott G. Hoy of, Hoy Trial Lawyers, Prof. L.L.C., Sioux Falls, South Dakota, and Michael W. Strain , Sturgis, South Dakota, Attorneys for plaintiffs and appellants.

Gregory J. Bernard of Thomas Braun Bernard & Burke, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee.

MEIERHENRY, Retired Justice.

[¶ 1.] Denise Estes filed suit against Dr. David Lonbaken, a podiatrist, for medical malpractice. Estes' complaint alleged that Dr. Lonbaken negligently treated a large neuroma on her foot.1 Estes filed the complaint in Buffalo County, South Dakota. Dr. Lonbaken moved to change venue to Hughes County, South Dakota. Dr. Lonbaken claimed that Hughes County was the proper venue because Estes' surgery and...

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