The SD Supreme Court handed down one decision this morning,
holding inter alia:
1) Defense verdict in Med Mal
case affirmed
FRYE-BYINGTON v. RAPID CITY MEDICAL CENTER, 2021 S.D. 3: This is medical malpractice action which
resulted in a jury verdict for the Defendants.
The SD Supreme Court affirmed. The
issues are summarized in the 1st paragraph of the opinion:
[¶1.] Jodie
Frye-Byington brought a negligence claim against Rapid City Medical Center
(RCMC) and three of its doctors (collectively, the Appellees), alleging the
doctors did not inform her of a mass growing in her chest for six years. Jodie
asserts that the mass caused her persistent issues with her throat and chest
that continued until the mass was removed. Following a six-day jury trial, the
jury returned a verdict in favor of RCMC and the named doctors. On appeal,
Jodie argues that the circuit court abused its discretion in refusing to allow
her to call two rebuttal witnesses and refusing her proposed jury instruction
on agency. The Appellees also raise several issues by notice of review. We
affirm.
The Court’s decision is unanimous, with opinion authored by
Justice Salter. Retired Justice
Meierhenry sat on this case in lieu of Justice Kern.
This decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
