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FLEEGE v. CIMPL

No. 12926.

305 N.W.2d 409 (1981)

Jerome E. FLEEGE, Special Administrator of the Estate of James P. Fleege, Deceased, Plaintiff and Appellant, v. John A. CIMPL, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 6, 1981.

Attorney(s) appearing for the Case

James E. Doyle of Doyle, Bierle & Porter, Yankton, for plaintiff and appellant.

Michael F. Pieplow of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee.

BRADSHAW, Circuit Judge.

Jerome E. Fleege (appellant) brought a wrongful death action as special administrator of the estate of James P. Fleege (decedent). Appellant alleges that decedent was electrocuted by John A. Cimpl's (appellee's) electrical submerged pump while decedent was swimming in the Missouri River in Yankton, South Dakota. The jury returned a verdict for appellee and appellant appeals from the judgment entered upon the jury verdict. We reverse and remand...

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