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SMITH v. GREEK

Nos. 13747, 13748.

328 N.W.2d 261 (1982)

James H. SMITH, Plaintiff and Appellant, v. Henry GREEK, Norman Konechne, and Earl Glodt, Defendants and Appellees. Thomas M. DIFFENBAUGH, V.E. Cates, and Thelma Cates, Defendants, Third Party Plaintiffs and Appellants, v. REYNOLDS CONSTRUCTION COMPANY, a Corporation, Third Party Defendant.

Supreme Court of South Dakota.

Decided December 28, 1982.

Attorney(s) appearing for the Case

T.R. Pardy of Mumford, Protsch & Pardy, Howard, for plaintiff and appellant.

Carl W. Quist, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., Robert D. Hofer of Riter, Mayer, Hofer & Riter, Pierre, for defendant and appellee.

David A. Gerdes of May, Adam, Gerdes & Thompson, Pierre, for defendants, third party plaintiffs and appellants.

WOLLMAN, Justice.

This is an appeal from a partial summary judgment entered in behalf of certain of the defendants. We reverse and remand.

Plaintiff's complaint alleges that while in the course of his employment with Reynolds Construction Company on a highway renovation project in Sully County he was injured on August 4, 1978, when he was struck by a grain combine that was being hauled on a trailer pulled by a truck driven by defendant Diffenbaugh and owned...

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