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LALLEY v. SAFWAY STEEL SCAFFOLDS, INC.

Nos. 14571, 14575 and 14580.

364 N.W.2d 139 (1985)

Rex LALLEY, Plaintiff and Appellant, v. SAFWAY STEEL SCAFFOLDS, INC., and St. Joseph's Cathedral, a non-profit organization, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 13, 1985.

Attorney(s) appearing for the Case

Craig B. Sewell, Sioux Falls, for plaintiff and appellant.

Richard O. Gregerson, Sioux Falls, for appellee Safway Steel Scaffolds, Inc.

Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellee St. Joseph's Cathedral.

FOSHEIM, Chief Justice.

This appeal is from an order granting summary judgment to defendants Safway Steel Scaffolds, Inc. (Safway) and Saint Joseph's Cathedral (Church). By Notice of Review, defendants dispute the trial court's refusal to dismiss the case for failure to prosecute. We affirm.

Plaintiff brought this action for personal injuries resulting when he fell from a scaffold at the Church's grade school gymnasium. He alleges that Safway was negligent...

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