RED ELK v. VIG

Civ. No. 82-5091.

571 F.Supp. 422 (1983)

George RED ELK, et al., Plaintiffs, v. Martin VIG and Richard Dean Johnston, Defendants.

United States District Court, D. South Dakota.

September 20, 1983.


Attorney(s) appearing for the Case

James D. Leach, Rapid City, S.D., for plaintiffs.

Terence R. Quinn, Belle Fourche, S.D., for defendant Martin Vig.

Anthony F. Crawford, Rapid City, S.D., for defendant Richard Dean Johnston.


MEMORANDUM OPINION

BOGUE, Chief Judge.

Plaintiffs are the special administrator of the estate of Phillip Red Elk and Red Elk's parents and children. Defendants Vig and Johnston allegedly intentionally struck Phillip Red Elk with the door of a moving pickup truck in which they were riding. Red Elk apparently was walking alongside the road at the time of the incident. Red Elk later died as a result of injuries received in this incident.

I.

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