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NOVAK v. STATE FARM MUT. AUTO. INS. CO.

No. 12771.

293 N.W.2d 452 (1980)

Irene NOVAK, Administratrix of the Estate of Sally Jo Schulte, Deceased, Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 18, 1980.

Attorney(s) appearing for the Case

James Robbennolt of Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, for plaintiff and appellant.

Eugene D. Mayer of Riter, Mayer, Hofer & Riter, Pierre, for defendant and appellee.

DUNN, Justice.

Plaintiff (appellant) appeals the judgment entered below after a court trial on stipulated facts. The judgment dismissed plaintiff's claim against defendant (appellee) insurance company. We reverse.

The plaintiff is the natural mother of Sally Jo Schulte, who was killed in an automobile accident July 28, 1972, just east of Watertown, South Dakota. The car in which Sally Jo Schulte was a passenger at the time of her death was driven by Lloyd...

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