Peterson, Ex Rel. Peterson v. Burns

GORS, Circuit Judge.

[¶ 1.] Attorneys Glen Johnson and Gregory Eiesland (Johnson and Eiesland) petitioned for intermediate appeal from a circuit court decision that determined that the three-year wrongful death statute of limitations, rather than the two-year medical malpractice statute of limitations, governs wrongful death claims from medical malpractice. The petition was granted and we now reverse.

FACTS

[¶ 2.] In Peterson v. Hohm, 2000 SD 27, 607 N.W.2d 8, this Court affirmed a judgment holding that a wrongful death claim brought by Peterson’s estate was time-barred because the action was…