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THOMAS v. ST. MARY'S ROMAN CATHOLIC CHURCH

No. 12290.

283 N.W.2d 254 (1979)

Howard G. THOMAS and Patrick A. Thomas, Plaintiffs and Respondents, v. ST. MARY'S ROMAN CATHOLIC CHURCH, a Corporation, Dell Rapids, South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied October 10, 1979.

Attorney(s) appearing for the Case

Thomas R. Pardy of Mumford, Protsch, Sage & Pardy, Howard, for plaintiffs and respondents.

A. D. Sommervold of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant.

HENDERSON, Justice (on reassignment).

ACTION

This is an action in tort wherein father and son, Patrick Thomas and Howard Thomas (respondents), sued St. Mary's Roman Catholic Church (appellant), for damages totaling $151,950 for injuries Howard Thomas sustained while playing basketball in St. Mary's High School gymnasium. A jury returned a verdict in favor of respondents and against appellant for $125,000. For purposes of convenience and clarity, respondents...

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