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BURRINGTON v. HEINE

Nos. 11094, 11095.

215 N.W.2d 119 (1974)

Richard BURRINGTON, Plaintiff and Respondent, v. Kenneth W. HEINE, Defendant, Third-Party Plaintiff and Appellant, v. Phillip FURZE, Third-Party Defendant and Respondent. Russell LIEN and Adelia Lien, Special Co-Administrator and Administratrix of the Estate of Sandra D. Lien, Deceased, Plaintiffs and Respondents, v. Kenneth W. HEINE, Defendant and Appellant, and Phillip Furze and Richard Burrington, Defendants and Respondents.

Supreme Court of South Dakota.

February 22, 1974.

Attorney(s) appearing for the Case

Franklin J. Wallahan, Hanley, Wallahan, Murray & Zastrow, Rapid City, Ralph Hoggatt, Lead, for appellant Heine.

William G. Porter, Costello, Porter, Hill, Banks & Nelson, Rapid City, Morman & Smit, Sturgis, for respondent Burrington.

Donald R. Shultz, Whiting, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for respondent Furze.

Joseph M. Butler, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, Walter Mueller, Overpeck, Mueller & Bennett, Belle Fourche, for respondent Lien.

WOLLMAN, Justice.

This is a consolidated appeal from judgments entered in the wrongful death and survival actions brought by the personal representatives of the estate of Sandra D. Lien, deceased (the Lien case, # 11094), against Kenneth W. Heine (Heine), and in the personal injury action brought by Richard Burrington (Burrington) against Heine (the Burrington case, # 11095). Jury verdicts were returned against Heine in both cases and he appeals from the judgments...

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