MIELITZ v. SCHMIEG

Nos. 16767, 16773.

461 N.W.2d 763 (1990)

Donald MIELITZ, Plaintiff and Appellee, v. Lawrence SCHMIEG, Individually and Lawrence Schmieg and Clarence Schmieg dba A Partnership, Defendants and Third Party Plaintiffs and Appellees, v. Richard R. MIELITZ, Third Party Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 24, 1990.

Rehearing Denied November 30, 1990.


Attorney(s) appearing for the Case

T.F. Martin, McCann, Martin & McCann, P.C., Brookings, for third party defendant and appellant.

William E. Coester, Milbank, for defendants and third party plaintiffs and appellees.

J. Douglas Austin, Austin, Hinderaker, Hackett & Hopper, Watertown, for Donald Mielitz plaintiff and appellee.


HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

A farm truck belonging to Donald Mielitz (Mielitz) was struck by a tractor driven by Lawrence Schmieg (Schmieg). At the time of the collision, the truck was operated by Mielitz' son, Richard Mielitz (Richard). Mielitz subsequently brought suit against Schmieg for property damage to his vehicle. Schmieg brought Richard into the lawsuit as a third-party defendant. The...

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