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YOUNG v. OURY

No. 26182.

827 N.W.2d 561 (2013)

2013 SD 7

Greg YOUNG, as Special Administrator of the Estate of Kathy Young, Plaintiff and Appellant, v. Dr. James H. OURY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 16, 2013.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. , Steven M. Johnson of Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, South Dakota, and G. Verne Goodsell , David S. Barari of Goodsell Quinn, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

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

KONENKAMP, Justice.

[¶ 1.] In this medical malpractice case, the jury returned a verdict for defendant doctor. Plaintiff appeals, asserting circuit court error in improperly admitting evidence, precluding relevant evidence, refusing a jury instruction, and prejudicially commenting on the case in the presence of the jury.

Background

[¶ 2.] While being treated for a cancerous tumor in her kidney in 2007, Kathy Young was diagnosed with a diseased...

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