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GRAFF v. CHILDREN'S CARE HOSPITAL & SCHOOL

#28644, #28657.

943 N.W.2d 484 (2020)

2020 S.D. 26

Neil H. GRAFF and Debra A. Graff, as Parents and Guardians of Benjamin B. Graff, disabled, Plaintiffs and Appellants, v. CHILDREN'S CARE HOSPITAL AND SCHOOL, a South Dakota Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

OPINION FILED May 6, 2020.

Attorney(s) appearing for the Case

MICHAEL L. LUCE , DANA VAN BEEK PALMER of Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, South Dakota, VINCENT A. PURTELL of Heidepriem, Purtell & Siegel, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

MARK W. HAIGH , EDWIN E. EVANS , TYLER W. HAIGH of Evans, Haigh & Hinton, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

[¶1.] With his parents acting as guardians ad litem, Benjamin Graff (Ben) sued Children's Care Hospital and School (CCHS), alleging it was negligent and inflicted emotional distress by using physical restraints on him when he received services at CCHS.1 A jury found in favor of

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