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BRAKKE v. OLSON

No. 11438.

229 N.W.2d 220 (1975)

Sanford BRAKKE and Mae Brakke, Guardians of the Person and Estate of Dennis Brakke, Plaintiffs and Appellants, v. Richard D. OLSON, Administrator of the Estate of Robert Lee Olson, Deceased, Defendant and Respondent.

Supreme Court of South Dakota.

May 23, 1975.

Attorney(s) appearing for the Case

William J. Srstka, Jr., Duncan, Olinger & Srstka, Pierre, for plaintiffs and appellants.

Donald J. Porter, May, Porter, Adam, Gerdes & Thompson, Pierre, for defendant and respondent.

WINANS, Justice.

The facts in this case are simple and straightforward. In February 1973 the defendant, Robert Olson, negligently drove his automobile off interstate highway 90 and in the resulting accident Olson was killed and his passenger, Brakke, was severely injured. It is admitted, for the purpose of this appeal, that Brakke was a guest in Olson's vehicle and that while Olson was guilty of negligence he was not guilty of willful and wanton conduct necessary...

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