Legal Opinion

Shamburger v. Behrens

South Dakota Supreme Court

Decided January 13, 1988No. 15505PublishedCited by 32 opinions

1Opinion of the CourtSabers, Justice

(on reassignment).

This medical malpractice case is before this court for the second time. In Shamburger v. Behrens, 380 N.W.2d 659 (S.D.1986), we reversed a jury verdict in favor of Dr. Clayton L. Behrens (Behrens) and remanded for a new trial because a jury instruction on good faith error by a physician was improper.

The second trial concluded with a jury verdict for Elston and Signe Shamburger (Shamburgers) which Behrens now appeals. After the verdict Behrens filed timely motions for a new trial and judgment notwithstanding the verdict. These motions were denied. Later Behrens filed a motion…

2Cases cited40 opinions

  1. McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
  2. Tanner v. United StatesSupreme Court of the United States · 1987
  3. Bruni v. TatsumiOhio Supreme Court · 1976
  4. State v. WyssWisconsin Supreme Court · 1985
  5. Logan v. Greenwich Hospital Ass'nSupreme Court of Connecticut · 1983

35 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Hamilton v. SommersSouth Dakota Supreme Court · 2014
  2. Koeniguer v. EckrichSouth Dakota Supreme Court · 1988
  3. Bland v. Davison CountySouth Dakota Supreme Court · 1997
  4. Baatz v. Arrow BarSouth Dakota Supreme Court · 1988
  5. State v. HollowaySouth Dakota Supreme Court · 1992

27 more not listed; retrieve them via the Exa API.

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