Legal Opinion
Papke v. Harbert
South Dakota Supreme Court
Decided August 15, 2007No. 24043, 24044PublishedCited by 48 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] In this medical malpractice appeal, plaintiff contends that the circuit court erred in giving the jury an “error in judgment” instruction and in other respects. We affirm in part, reverse in part, and remand for a new trial.
Background
[¶ 2.] On September 3, 2002, Adeline Papke, age seventy, was outside watering her flowers when her left knee gave out and she fell. She was unable to get up on her own and was taken to the emergency room at Avera St. Luke’s Hospital in Aberdeen, South Dakota. At the hospital, Papke reported a history of degenerative joint disease in both…
2Cases cited100 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- John H. Smith v. Ford Motor CompanyCourt of Appeals for the Tenth Circuit · 1980
- Dicky D. Voegeli and Sharon Voegeli v. Harvard R. Lewis and Methodist Hospital, a CorporationCourt of Appeals for the Eighth Circuit · 1977
- Logan v. Greenwich Hospital Ass'nSupreme Court of Connecticut · 1983
- Bozeman v. StateSupreme Court of Louisiana · 2004
95 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Day v. JohnsonSupreme Court of Colorado · 2011
- Wills v. FosterIllinois Supreme Court · 2008
- Passarello v. GrumbineSupreme Court of Pennsylvania · 2014
- White v. Jubitz Corp.Oregon Supreme Court · 2009
- Supreme Pork, Inc. v. Master Blaster, Inc.South Dakota Supreme Court · 2009
43 more not listed; retrieve them via the Exa API.