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JOHN v. PETERSON

No. 25772.

804 N.W.2d 71 (2011)

2011 S.D. 58

Lita ST. JOHN, Plaintiff and Appellant, v. Linda PETERSON, M.D., Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 14, 2011.

Attorney(s) appearing for the Case

Thomas L. Sannes , Gordon P. Nielsen of Delaney, Vander Linden, Delaney, Nielsen & Sannes, PC, Webster, South Dakota, Attorneys for plaintiff and appellant.

Reed Rasmussen of Siegel, Barnett and Schutz, LLP, Aberdeen, South Dakota, Attorneys for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Lita St. John sued Dr. Linda Peterson alleging medical malpractice in repairing a vesicovaginal fistula. The jury entered a verdict for Dr. Peterson. St. John appeals, arguing that the trial court erred in excluding evidence of other cases where Dr. Peterson had failed to repair vesicovaginal fistulas. We reverse and remand.

FACTS

[¶ 2.] Dr. Peterson was treating St. John for stress incontinence and menstrual...

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