WULF v. SENST

Nos. 22428, 22429.

669 N.W.2d 135 (2003)

2003 SD 105

Arnold WULF, individually and as representative of the Estate of Landon Paul Wulf, Plaintiff and Appellant, v. Jeff SENST; Mervin Bultje; Kirk Preheim and Preheim Lawn & Landscape, Inc., as successor of Preheim Lawn & Landscape, Defendants and Appellees, and Jeff Senst and Mervin Bultje, Defendants, Third Party Plaintiffs and Appellees, v. Myra Wulf, Third Party Defendant and Appellant. Catherine Westphal and Joanna Westphal, Plaintiffs and Appellees, v. Myra Wulf, Defendant and Appellant, and Farmers Insurance Exchange, Defendant, v. Jeff Senst; Mervin Bultje; Kirk Preheim; and Preheim Lawn and Landscape, Inc., as successor of Preheim Lawn and Landscape, Third Party Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 27, 2003.


Attorney(s) appearing for the Case

Michael J. Schaffer of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for appellants Arnold Wulf and Myra Wulf.

Roger A. Sudbeck of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, South Dakota, Attorneys for appellees Jeff Senst and Mervin Bultje.

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, South Dakota, Attorneys for appellees Kirk Preheim & Preheim Lawn & Landscape, Inc.

Todd C. Miller, and Steven M. Johnson of Johnson, Heidepriem, Miner, Marlow & Janklow, Sioux Falls, South Dakota, Attorneys for appellees Catherine Westphal and Joanna Westphal.


RUSCH, Circuit Judge.

[¶ 1.] These appeals involve two related cases. Both cases arose from an automobile accident on January 21, 2000, involving cars driven by Myra Wulf and Catherine Westphal. The trial court granted summary judgment in favor of Jeff Senst and Mervin Bultje, employees of the South Dakota Department of Transportation (DOT), on the grounds of sovereign immunity and denied a motion to consolidate the two cases for trial. We reverse.

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