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FRAZIER v. NORTON

No. 13793.

334 N.W.2d 865 (1983)

Kenneth B. FRAZIER, a Minor, By and Through Kenneth L. FRAZIER, his Guardian Ad Litem, and Kenneth L. Frazier, Individually, Plaintiffs and Appellants, v. Mark NORTON, a Minor, By and Through Melvin T. NORTON, his Guardian Ad Litem, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 15, 1983.

Rehearing Denied July 12, 1983.

Attorney(s) appearing for the Case

Franklin J. Wallahan and Lonnie F. Bryan of Wallahan Law Offices, Rapid City, for plaintiffs and appellants.

David E. Morrill of Morrill, Hansen, Hubbard & Brown, Rapid City, for defendant and appellee; Portia K. Brown of Morrill, Hansen, Hubbard & Brown, Rapid City, on brief.

HENDERSON, Justice.

ACTION

Kenneth L. Frazier as guardian ad litem for his son Kenneth B. Frazier, and Kenneth L. Frazier individually (appellants), filed a complaint against Mark Norton individually (appellee) for $800,000.00 damages due to severe hip injuries allegedly caused by Mark pushing Ken down. Melvin T. Norton acted as guardian ad litem for his son Mark Norton. Appellee affirmatively alleged that appellants were either contributorily negligent...

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