2nd Reversal of same trial judge in 6 month period
In Walton v Huron Regional Medical Center (1/29/2026), the South Dakota Supreme Court ruled that it was error for a trial judge to prevent a medical malpractice lawsuit from being heard by a jury. This case addresses the “gatekeeping” function which trial judges are supposed to serve. As “gatekeeper,” the trial judge decides whether scientific evidence is reliable enough to be submitted to the Jury. The patient in this case, Kevin Walton, had some prior health issues, including having been previously diagnosed with Guillain-Barré syndrome. Experiencing great pain (which he described as 10 out of 10 on the pain scale), he went to Huron Regional Medical Center and was treated by Dr. William Miner. He was admitted to the hospital and administered what one expert called a “massive” dose of painkillers and opioids. The lawsuit asserts that Dr. Miner and the Hospital failed to continuously monitor his oxygen levels; and further asserts that these mistakes in his medical care caused him to suffer brain damage, via a hypoxic injury due to lack of oxygen. After discharge, Kevin experience new and unusual symptoms which included stuttering, lack of balance, speaking in childlike terms, speaking with a foreign accent, a blank stare, an abnormal coughing disorder, getting lost at a campground, inability to cut up his own steak, and becoming disabled to the point of not being able to hold a job. This medical malpractice lawsuit was filed in the Circuit Court of Beadle County against the Huron Regional Medical Center and Dr. Miner. Both sides of the lawsuit produced affidavits and testimony from doctors which they planned to call as experts at trial. The trial court reviewed the proposed expert testimony, as revealed in depositions, and then decided to dismiss the lawsuit by granting summary judgment for the Defendants. The SD Supreme Court reversed and remanded, holding that the trial court erred as “gatekeeper,” meaning that the trial judge made a mistake in the manner in which it reviewed the reliability of the testimony of the patient’s testifying expert. The Supreme Court ruled that the expert testimony offered by Kevin was sufficiently reliable to be heard by the Jury. The case will be sent back to Beadle County for trial. This decision by the Supreme Court was a unanimous (5-0) ruling. The Court’s opinion was authored by Chief Justice Jensen.
Déjà vu.
The South Dakota Supreme Court reversed this very same trial judge, Hon. Patrick Pardy, just six months ago in a similar medical malpractice case filed against the Huron Regional Medical Center and Dr. Miner. Olson v Huron Regional Medical Center, et. al (2025 S.D. 34) (7/25/2025). In this case, a different patient (Scott Olson) died while being treated at the Huron Medical Center. The trial court granted a Motion to Dismiss filed by the Defendants. The SD Supreme Court found that this, too, had been erroneously granted by Judge Pardy. The Olson decision was also a unanimous (5-0) ruling.
About this Column: Roger Baron is a former professor of Law for 40 years. This Column is designed to provide readers with similar summaries, in non-legalese language, and to also provide a forum for other observations (notes) about relevant legal issues.
Opinions by guest columnists for the Rapid City Post may not necessarily represent the views of the Rapid City Post, it’s affiliates, or advertisers.
