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SMITH v. SMITH

No. 12276.

278 N.W.2d 155 (1979)

John Duane SMITH, Plaintiff and Appellant, v. A. Kenneth SMITH, Bernard Dodd, Inc., a corporation and Aurora Industries, a corporation, Defendants and Respondents.

Supreme Court of South Dakota.

Decided April 12, 1979.

Attorney(s) appearing for the Case

E. Steeves Smith of Tinan, Padrnos, Smith & Saukerson, Mitchell, with Clyde E. Saukerson, Mitchell, on brief, for plaintiff and appellant.

Lyle J. Wirt of Davenport, Evans, Hurwitz & Smith, Sioux Falls, with Edwin E. Evans, Sioux Falls, on brief, Douglas R. Bleeker of Shandorf, Bleeker & Boldt, Mitchell, for defendant and respondent A. Kenneth Smith.

John L. Morgan of Morgan, Fuller, Theeler & Cogley, Mitchell, for defendant and respondent Bernard Dodd, Inc.

Ronald K. Miller of Miller, Miller & Sebastian, Kimball, for defendant and respondent Aurora Industries.

BRAITHWAITE, Circuit Judge.

This is a products liability case arising out of personal injuries suffered by John Duane Smith (employee) when the fingers and thumb of his left hand were amputated by the blade of a band saw which was manufactured by defendant Aurora Industries (Aurora), distributed by defendant Bernard Dodd, Inc. (Dodd) and owned by his employer, defendant A. Kenneth Smith (employer).1

STATEMENT OF FACTS

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