KLATT v. CONTINENTAL INS. CO.

No. 15536.

409 N.W.2d 366 (1987)

Gary L. KLATT, Plaintiff and Appellant, v. The CONTINENTAL INSURANCE COMPANY; First Insurance Clark; and Rick Worth, individually and as agent of First Insurance Clark, Defendants and Appellees, and The City of Clark, South Dakota, Defendants.

Supreme Court of South Dakota.

Decided July 8, 1987.


Attorney(s) appearing for the Case

R. Greg Bartron of Osheim, Fox, Bartron & Wiles, Watertown, for plaintiff and appellant.

Ellsworth E. Evans and Edwin E. Evans of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee Continental Ins. Co.

Joseph P. Barnett of Siegel, Barnett & Schutz, Aberdeen, for defendants and appellees First Ins. Clark and Rick Worth.


SABERS, Justice.

Gary L. Klatt (Klatt) appeals summary judgment orders entered against him and in favor of Continental Insurance Company (Continental) and First Insurance Clark and Rick Worth (FIC/Worth). We affirm.

Facts

On December 28, 1980, City of Clark Police Chief Robert J. Moden (Moden) and Police Officer David Lee Momsen (Momsen) committed an assault and battery upon Klatt while arresting him several miles outside the City of Clark...

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