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AMERICAN FAMILY MUT. INS. CO. v. MERRILL

Nos. 16505, 16512.

454 N.W.2d 555 (1990)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. Larry D. MERRILL, Individually and as Guardian Ad Litem of Tamara Marie Merrill; Andrew A. Wipf, as Administrator of the Estate of Kenneth Andrew Wipf, Deceased; Mark Hattum; Robert Hattum; Beverly Hattum; Todd Hattum; All Nation Insurance Company; Hughes County, South Dakota; Robert Ingle; Robert Meyer; and Continental Insurance Company, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 18, 1990.

Attorney(s) appearing for the Case

Chester A. Groseclose, Jr., of Richardsons, Groseclose, Kornmann & Wyly, Aberdeen, for plaintiff and appellant.

David L. Braun of Gors, Braun and Zastrow, Pierre, Edwin Evans of Davenport, Evans, Hurwitz & Smith, Douglas M. Deibert of Cadwell, Sanford & Deibert, William Taylor of Woods, Fuller, Shultz & Smith, Sioux Falls, Robert B. Anderson of May, Adam, Gerdes & Thompson, Pierre, for defendants and appellees.

BERNDT, Circuit Judge.

On the evening of December 31, 1986, a one vehicle accident occurred on a Hughes County road involving a pickup owned by Kenneth Wipf and driven by Tamara Merrill. The four occupants in the pickup were: Kenneth Wipf, Tamara Merrill, Mark Hattum and Nicolle Hageman. Kenneth Wipf died as a result of the accident and Mark Hattum received serious bodily injuries, leaving him a quadriplegic.

Four lawsuits arose out of the accident. Andrew...

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