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McMACKEN v. STATE

No. 13349.

325 N.W.2d 60 (1982)

Robin McMACKEN, Plaintiff and Appellant, v. STATE of South Dakota, Defendant, and Fritzel, Kroeger, Griffin & Berg, architects, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 20, 1982.

Attorney(s) appearing for the Case

Helen Driscoll, Vermillion, for plaintiff and appellant.

Stanley E. Siegel of Siegel, Barnett & Schutz, Aberdeen, for amicus curiae South Dakota Trial Lawyers' Ass'n; David R. Vrooman, and Terry N. Prendergast of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, on brief.

Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellees Fritzel, Kroeger, Griffin & Berg; Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

MORGAN, Justice (on rehearing).

In response to a petition by appellant, rehearing was granted on our decision herein1 limited however to the issue of the purported incongruity between that decision and our earlier decision in Holy Cross Parish v. Huether, 308 N.W.2d 575 (S.D.1981) decided July 22, 1981. Appellant claims the McMacken decision created an irreconcilable conflict between the...

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