South Dakota Supreme Court

Kevin Ronan, M.d. and Patricia Ronan, Plaintiffs and Appellants v. Sanford Health D/b/a Sanford Hospital, Sanford…

February 1, 20122012 S.D. LEXIS 6

Summary

The South Dakota Supreme Court affirmed the circuit court’s evidentiary rulings, holding that the trial court did not abuse its discretion in excluding the Ronans’ notes under SDCL 19‑12‑14 and in prohibiting impeachment of the defense expert. The court reasoned that the statements were offered as substantive evidence of negligence, not for impeachment, and that the expert’s cancelled appointment was irrelevant to his credibility. The decision also noted that the issue of the notes was not preserved for appeal.

Holding

  • Whether the circuit court abused its discretion in excluding statements made by Defendants' employees under SDCL 19‑12‑14.. The circuit court did not abuse its discretion; the statements were properly excluded as substantive evidence of negligence and not admissible for impeachment.
  • Whether the circuit court erred in precluding the impeachment of a defense expert witness.. The circuit court did not abuse its discretion; the expert’s cancelled appointment was irrelevant to his credibility and therefore could not be used for impeachment.

Docket 25813

Cited authorities

  • Rule 804(b)(8)
  • Rule 801(d)(2)
  • Rule 613(b)
  • Rule 613(b)

Cited by

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