Frye-Byington v. Rapid City Medical Center
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The Supreme Court affirmed the judgment of the circuit court entering judgment in favor of Rapid City Medical Center (RCMC) and three of its doctors (collectively, Defendants) in this negligence action, holding that the circuit court did not abuse its discretion by denying Plaintiff's request to call two rebuttal witnesses and refusing Plaintiff's proposed jury instruction on agency.
In her complaint, Plaintiff alleged that Defendants did not inform her of a growing mass in her chest that caused persistent issues with her throat and chest until the mass was removed. The jury returned a verdict in favor of Defendants. The Supreme Court affirmed, holding (1) the circuit court did not abuse its discretion when it denied Plaintiff's request to call two rebuttal witnesses in an attempt to lay foundation for medical records not offered during Plaintiff's case-in-chief; and (2) the circuit court did not abuse its discretion when it limited the agency instruction relative to the claims Plaintiff raised against Defendants.
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