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KRUGER v. WILSON

No. 13379.

325 N.W.2d 851 (1982)

Therese Holland KRUGER, Hazel Holland and Kenneth Holland, Plaintiffs and Appellants, v. Patricia A. WILSON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 3, 1982.

Rehearing Denied December 13, 1982.

Attorney(s) appearing for the Case

Thomas M. Maher of Maher, Gors & Dean Pierre, for plaintiffs and appellants.

Robert B. Anderson of May, Adam, Gerdes & Thompson, Pierre, for defendant and appellee.

MORGAN, Justice.

This is an action to recover for personal injuries and property damage sustained by the appellants as a result of an automobile collision involving a state vehicle operated by Patricia A. Wilson (Wilson). Suit was brought against Wilson as an individual, not against the state. Wilson's counsel sought summary judgment on the grounds that sovereign immunity protected Wilson, who was acting within the scope of her employment at the time of the collision...

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