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KYLLO v. PANZER

Nos. 18713, 18739.

535 N.W.2d 896 (1995)

Phyllis KYLLO, Special Administrator of the Estate of Ervin Peterson, Plaintiff and Appellee, v. Joyce PANZER, Defendant and Appellant. Wilma Jean TRELOAR and Michael Treloar, Plaintiffs and Appellees, v. James BLAND, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 16, 1995.

Attorney(s) appearing for the Case

Rick Johnson and Stephanie Pochop of Johnson, Eklund, Nicholson, Dougherty and Abourezk, Gregory, for appellee Kyllo.

Edward C. Carpenter of Costello, Porter, Hill, Heisterkamp and Bushnell, Rapid City, and Gerald M. Baldwin, Custer, for appellees Treloar.

Richard J. Helsper and Eric N. Rasmussen of Erickson, Helsper and Rasmussen, Brookings, for appellants.

AMUNDSON, Justice.

State employees appeal the trial courts' denial of summary judgment based on claims of sovereign immunity under SDCL 21-32-17 and 21-32A-2. We affirm.

FACTS

Two cases, with facts strikingly similar, have been consolidated for this appeal. On April 7, 1992, Ervin Peterson (Peterson), age 78, was driving in Pierre, South Dakota. While driving through an intersection, Peterson's car was hit broadside by Joyce Panzer (Panzer), a licensed...

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