KELLY v. KELLY

No. 11386.

228 N.W.2d 332 (1975)

Ronald A. KELLY and Catherine A. Kelly, his wife, Plaintiffs and Appellants, v. Donald H. KELLY, Defendant and Respondent.

Supreme Court of South Dakota.

April 25, 1975.


Attorney(s) appearing for the Case

Ronald C. Aho, Alan F. Glover Law Firm, Brookings, for plaintiffs and appellants.

Donald J. Porter and David A. Gerdes of Martens, Goldsmith, May, Porter & Adam, Pierre, for defendant and respondent.

South Dakota Trial Lawyers Assn., amicus curiae.


DOYLE, Justice.

In this case plaintiffs, Ronald and Catherine Kelly, were riding with Ronald's father, defendant Donald Kelly, in the front seat of defendant's car when they ran into the rear of a snowplow. The plaintiffs suffered serious injuries and brought this suit to recover damages from the defendant. The complaint sought recovery under the South Dakota guest statute, SDCL 32-34-1,1 alleging willful and wanton misconduct. The defendant...

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