Widower's Malpractice Suit Reinstated by South Dakota Supreme Court

By Daniel Hawn

Published on August 23, 2005

In April 2001, Kristi Dodson checked into Human Services Center in Yankton to be treated for bipolar disorder. Eight days later, Dr. Hartley Alsgaard, a psychiatrist at the facility, granted Dodson's release. The next day, Dodson went missing. Approximately two weeks later her body was discovered at an apartment compound in Miller. She committed suicide by tying a plastic bag over her head and locking herself in the trunk of a car.

In February 2004, Dodson's widower, Jason, attempted to sue HSC and Alsgaard over Dodson's death. The jury decided that Alsgaard released Dodson before it was safe, however they did not award Jason any damages because they determined that Dodson was responsible for her own death via negligence as well.

In March, Jason Dodson's lawyer argued before the Supreme Court that Circuit Judge Kathleen Caldwell gave jurors misleading guidelines with which to evaluate the February 2004 case. Caldwell told jurors that they were to judge Dodson's behavior against that of a reasonable person in her circumstances. The ruling of the high court stated that, instead, jurors should have been instructed to take into account Dodson's mental state when they evaluated her behavior.

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