Burgard v. Benedictine Living Communities

SABERS, Justice.

[¶ 1.] Thomas Burgard, the personal representative for the estate of Anton Bur-gard, brought suit against Aberdeen Living Center (ALC) for wrongful death and medical malpractice. ALC filed a motion for summary judgment and the trial court granted the motion. Burgard appeals, arguing that our decision in Peterson v. Burns, 2001 SD 126, 635 N.W.2d 556, should be applied prospectively only. The trial court held that the decision applied retroactively. We affirm.

FACTS

[¶ 2.] Anton Burgard had hip surgery on May 14, 1999. Three days after the surgery, he fell in his hospital room,…