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KING v. LANDGUTH

Nos. 24110, 24129.

726 N.W.2d 603 (2007)

2007 SD 2

Brenda M. KING, as Personal Representative of the Estate of Ashley Marie King, A Deceased Minor Child, for the Benefit of the Surviving Parents, Brenda King and Roger King, and Barbara V. King, Plaintiffs and Appellants, v. Dennis LANDGUTH, Secretary of the South Dakota Department of Transportation, in his individual and official capacities, Tom Week, Mitchell Region Engineer for the South Dakota Department of Transportation, in his individual and official capacities, Ron S. Peterson, Area Engineer for the South Dakota Department of Transportation, in his individual and official capacities; and Joel Gengler, Chief Road Design Engineer with the Division of Planning and Engineering for the South Dakota Department of Transportation, Defendants, Third Party Plaintiffs and Appellees, v. Joshua Engel, Third Party Defendant.

Supreme Court of South Dakota.

Decided January 3, 2007.

Attorney(s) appearing for the Case

Douglas E. Hoffman of Myers & Billion, L.L.P. Sioux Falls, South Dakota and Kenneth W. Cotton of Wipf & Cotton, L.L.C., Wagner, South Dakota, Attorneys for appellants.

Gary P. Thimsen, Melanie L. Carpenter of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, South Dakota, Attorneys for appellees.

SABERS, Justice.

[¶ 1.] This action arose from a one car accident in rural Turner County, where Ashley Marie King suffered fatal injuries and Barbara V. King (Barbara) suffered serious but non-fatal injuries, after the driver hit a box culvert in the ditch. Brenda M. King (Brenda), on behalf of Ashley, and Barbara sued the State of South Dakota, the South Dakota Department of Transportation (DOT), and DOT employees. The circuit court dismissed two of King's

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