SURGICAL INST. OF S.D. v. SORRELL

No. 26143.

816 N.W.2d 133 (2012)

2012 S.D. 48

The SURGICAL INSTITUTE OF SOUTH DAKOTA, P.C., Plaintiff and Appellant, v. Matthew J. SORRELL, M.D., Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 20, 2012.


Attorney(s) appearing for the Case

James E. Moore , Scott Hendricks Leuning , James A. Power of Woods Fuller Shultz & Smith P.C., Sioux Falls, SD, Attorneys for plaintiff and appellant.

Alex M. Hagen , Brett A. Lovrien , Stephen C. Landon of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, SD, Attorneys for defendant and appellee.


GILBERTSON, Chief Justice.

[¶ 1.] A medical practice filed suit against a surgeon formerly employed at that practice, alleging breach of contract by failing to give required notice of resignation and breach of an implied contract resulting in unjust enrichment. The implied contract claim was dismissed by summary judgment, which the practice appeals. The jury subsequently found the surgeon did not breach the contract. We affirm.

FACTS

[¶...

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