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WHITING v. HOFFINE

Nos. 12769, 12770.

294 N.W.2d 921 (1980)

Dianna WHITING, Plaintiff and Appellant, v. Lowell H. HOFFINE and Viola M. Hoffine, Defendants and Appellees. David WHITING, Plaintiff and Appellant, v. Lowell H. HOFFINE and Viola M. Hoffine, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 23, 1980.

Attorney(s) appearing for the Case

Gary E. Davis of Johnson, Johnson & Eklund, Gregory, for plaintiffs and appellants.

Stanley E. Whiting of Day, Grossenburg & Whiting, Winner, for defendants and appellees.

FOSHEIM, Justice.

The plaintiffs, husband and wife, brought separate actions in tort against the defendants. By stipulation, the cases were consolidated in circuit court. The circuit court dismissed plaintiffs' complaints for failure to join an indispensable party. Since the issues before us are identical, the cases have also been consolidated on appeal. We reverse.

The injuries sustained by Dianna Whiting (a non-Indian) were allegedly caused by carbon monoxide...

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