DEL VECCHIO v. LUND

No. 12866.

293 N.W.2d 474 (1980)

Linda DEL VECCHIO, as Special Administratrix of the Estate of Jonathan Ray Del Vecchio, Deceased, Plaintiff and Appellant, v. Ennis LUND, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 18, 1980.


Attorney(s) appearing for the Case

Michael L. Luce and Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

Steve Jorgensen, Sioux Falls, for defendant and appellee.


DUNN, Justice.

Plaintiff Linda Del Vecchio appeals from a judgment entered by the Circuit Court of the Second Judicial Circuit in favor of defendant Ennis Lund in an action for the wrongful death of her husband. We reverse and remand for new trial.

Plaintiff's husband was struck and killed by a motorboat operated by defendant on Sunday afternoon, June 25, 1978. The accident occurred at approximately 2 p. m. on Wall Lake, which is several miles west of

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