Legal Opinion

Sander v. Geib, Elston, Frost Professional Ass'n

South Dakota Supreme Court

Decided September 15, 1993No. 17763, 17769, 17803, 17804, 17811, 17818PublishedCited by 86 opinions

1Opinion of the Court

MILLER, Chief Justice.

This case arises out of a medical malpractice action initiated by Kimberlee Sander (Kim) against a clinical laboratory and certain of its employees. A jury found against the defendants and awarded damages of $3.7 million, which the parties had stipulated should be entered only against the laboratory, a professional association under South Dakota law. The trial court applied SDCL 21-3-11, which places a cap on the medical malpractice damages which may be awarded to a plaintiff. Based on that statute, the jury award was reduced to $1 million and judgment was entered…

2Cases cited54 opinions

  1. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  2. Wilson v. Great Northern Railway CompanySouth Dakota Supreme Court · 1968
  3. Permann v. South Dakota Department of Labor, Unemployment Insurance DivisionSouth Dakota Supreme Court · 1987
  4. Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  5. Shaffer v. Honeywell, Inc.South Dakota Supreme Court · 1976

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

3Cited by86 opinions

  1. State v. WrightSouth Dakota Supreme Court · 1999
  2. Landstrom v. ShaverSouth Dakota Supreme Court · 1997
  3. Jasper v. SmithSouth Dakota Supreme Court · 1995
  4. Peterson, Ex Rel. Peterson v. BurnsSouth Dakota Supreme Court · 2001
  5. Knowles v. United StatesSouth Dakota Supreme Court · 1996

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

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