Legal Opinion
Demmer v. Patt
Court of Appeals for the Eighth Circuit
Decided April 21, 1986No. 85-5303PublishedCited by 5 opinions
1Opinion of the Court
LAY, Chief Judge.
This is a diversity case in which the defendant, Dr. Walter H. Patt, received a favorable jury verdict exonerating him and the Brookings Clinic, P.A., in which Dr. Patt’s office is located, from any malpractice in the treatment of Pamela Demmer. Nelva Demmer, the mother and guardian of Pamela, a minor, has appealed the judgment on the verdict, asserting inter alia prejudicial error in the trial court’s1 instruction on the proper standard of care under South Dakota law. Mrs. Demmer now seeks a new trial. We sustain her request and grant a new trial.
The trial court instructed…
2Cases cited14 opinions
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
- Logan v. Greenwich Hospital Ass'nSupreme Court of Connecticut · 1983
- Wall v. StoutSupreme Court of North Carolina · 1984
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3Cited by5 opinions
- Parodi v. Washoe Medical Center, Inc.Nevada Supreme Court · 1995
- The Medical Protective Company v. Fletcher BellCourt of Appeals for the Eighth Circuit · 1990
- 61 Fair empl.prac.cas. (Bna) 1666, 61 Empl. Prac. Dec. P 42,339 Fred Brown, Appellee/cross-Appellant v. Stites Concrete, Inc., Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1993
- Brown v. Stites Concrete, Inc.Court of Appeals for the Eighth Circuit · 1993
- Demmer v. PattCourt of Appeals for the Eighth Circuit · 1986