PLUCKER v. KAPPLER

No. 13181.

311 N.W.2d 924 (1981)

Eldon L. PLUCKER, Plaintiff and Appellant, v. Charleen KAPPLER and McCrossan Foundation, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 4, 1981.

Rehearing Denied December 17, 1981.


Attorney(s) appearing for the Case

Robert L. Jones, Sioux Falls, for plaintiff and appellant.

Richard O. Gregerson of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendants and appellees.


FOSHEIM, Justice.

Eldon Plucker (appellant) appeals from a final judgment that he take nothing in his personal injury action against Charleen Kappler and her employer, McCrossan Foundation, Inc. We affirm.

On the morning of December 5, 1975, appellant and Kappler were traveling east on Russell Street in Sioux Falls, South Dakota. Ms. Kappler's vehicle, a van filled with school children from McCrossan Boys Ranch, was behind appellant's vehicle. As he approached...

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