Dorothy A. DAUGAARD, Executrix of the Estate of Dwight R. Daugaard, Deceased (# 14052 and # 14170) and
Darwin R. Daugaard (# 14053 and # 14171) and
Daniel Chmela (# 14129) and
Clair Hines and Linda Hines (# 14136), Plaintiffs and Appellants,
v.
The BALTIC COOPERATIVE BUILDING SUPPLY ASSOCIATION, a South Dakota Cooperative Association (# 14144), Defendant and Appellee, and
Baltic Farmers Elevator Company, a South Dakota Cooperative Association; and Tri-State Insurance Company of Minnesota, a Minnesota Corporation, Defendants, and
Koopman & Sons Gas Company, Inc., a South Dakota Corporation; Leroy Koopman; Don Koopman; Helen Koopman (# 14146) and
Minnehaha Cooperative Oil Company, a South Dakota Cooperative Association, Defendants and Appellees, and
Crane Co., an Illinois Corporation (# 14117, # 14118, # 14153, # 14154), Defendant-Appellee and Third Party Plaintiff, and
United States Steel Corporation, a Delaware Corporation and
Republic Steel Corporation, a New Jersey Corporation, Third Party Defendants and Appellees.
Supreme Court of South Dakota.https://leagle.com/images/logo.png
Argued September 12, 1983.
Decided May 2, 1984.
Rehearing Denied June 7, 1984.
Attorney(s) appearing for the Case
Terry N. Prendergast and Gary J. Pashby of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for plaintiffs and appellants Daugaards, Chmela, and Hines.
Thomas M. Frankman of Willy, Pruitt, Matthews, Farrell, Frankman & Johnson, Sioux Falls, on the brief for plaintiff and appellant Chmela.
William F. Day, Jr., of Day, Grossenburg & Whiting, Winner, on the brief for plaintiffs and appellants Hines.
Edward J. Leahy of May, Johnson, Doyle & Becker, Sioux Falls, for defendant and appellee Baltic Co-op. Building Supply Ass'n.
Carleton R. Hoy and Michael F. Pieplow of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on the brief for defendant Baltic Farmers Elevator Co.
David Gerdes of May, Adam, Gerdes & Thompson, Pierre, on the brief for defendant Tri-State Ins. Co. of Minnesota.
John E. Simko of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendants and appellees Koopman & Sons Gas Co., Inc., Leroy Koopman, Don Koopman, and Helen Koopman.
James E. Doyle of Doyle, Bierle, Porter & Kennedy, Yankton, on the brief for defendant and appellee Minnehaha Co-op. Oil Co.
James A. Wyly of Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel, Aberdeen, for defendant-appellee and third party plaintiff Crane Co.
Michael E. Ridgway and Gerald L. Reade, of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, on the brief for third party defendant and appellee U.S. Steel Corp.
Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, on the brief for third party defendant and appellee Republic Steel Corp.
Supreme Court of South Dakota.
HENDERSON, Justice.
PREFACE
This action is a complicated consolidation of four primary actions seeking damages emanating from a propane gas explosion at the Baltic Farmers Elevator Company on May 28, 1980. The voluminous settled record, consisting of two large boxes, is digested for benefit of the parties, their attorneys, and a decision of this case. A recitation of the procedural history focuses the complexity of this litigation but the substantive aspect...
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