ARNDT v. HANNUM TRUCKING

Nos. 13389, 13390, 13394 and 13395.

324 N.W.2d 680 (1982)

Ed ARNDT, as Special Administrator of the Estate of Ervin L. Peterson, Jr., deceased, Plaintiff and Appellant, v. HANNUM TRUCKING and Duane Hannum, Individually, Defendant, Third-Party Plaintiff and Appellant, v. C. E. McKINLEY, d/b/a McKinley Agency, The City of Fort Pierre, South Dakota, a Municipal Corporation, the South Dakota Department of Transportation, a Sub-division of the Government of the State of South Dakota, Third-Party Defendants, and Maynard Sommer, individually and as the Highway Engineer for the South Dakota Department of Transportation, State of South Dakota, and Henry Greek, individually and as District Engineer for the Fourth District of the South Dakota Department of Transportation, Third-Party Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 6, 1982.


Attorney(s) appearing for the Case

Thomas M. Maher of Maher & Gors, Pierre, for plaintiff and appellant.

James Robbennolt of Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, for defendant, third-party plaintiff and appellant.

Charles P. Schroyer of Schmidt, Schroyer, Colwill & Zinter, Pierre, for third-party defendants and appellees.


PER CURIAM.

These are appeals from two judgments granting appellees' motions for summary judgments. We affirm.

On February 27, 1979, Ervin Peterson died when the antenna on the vehicle he was operating touched an overhead electrical line crossing Highway 14-83 near Fort Pierre. In the resulting negligence and workmen's compensation actions, it was alleged that appellees, Maynard Sommer, the state highway engineer...

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