DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181522P.pdf 08/30/2019 Linda A. Miller v. Huron Regional Medical Center
U.S. Court of Appeals Case No: 18-1522
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Kelly, Author, with Loken and Erickson, Circuit Judges]
Civil case - Breach of contract. The district court did not err in denying
defendant's motion for remittitur or a new trial; the jury award on
plaintiff's breach of contract award was not so grossly excessive that it
shocked the judicial conscience; defendant did not preserve its issue that
the damages award violated the immunity provisions of the Health Care
Quality Improvement Act of 1986 as it did not raise the issue in a Rule
50(a)motion prior to submission of the case to the jury; there is no
injustice in the court's decision not to review the claim as defendant had
ample opportunity to raise the defense and did not do so until it was too
late.