BRUNNER v. HUTCHINSON DIV. LEAR-SIEGLER, INC.

No. Civ. 89-5065.

770 F.Supp. 517 (1991)

Laurie BRUNNER, As Guardian ad Litem for Jeremiah Brunner, A Minor, and Laurie Brunner, As an Individual, Plaintiff, v. HUTCHINSON DIVISION, LEAR-SIEGLER, INC., A Kansas Corporation, Defendant and Third-Party Plaintiff, v. Brad BRUNNER and H.L. Brunner and Sons, Third-Party Defendants.

United States District Court, D. South Dakota, W.D.

March 15, 1991.


Attorney(s) appearing for the Case

Ken Barker, Quinn Day & Barker, Belle Fourche, S.D., Robert A. Haivala, Sturgis, S.D., for plaintiff.

Gene Bushnell, Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, S.D., for defendant and third-party plaintiff.

Craig Pfeifle, Lynn Jackson Shultz & Lebrun, Rapid City, S.D., for third-party defendants.


MEMORANDUM OPINION AND ORDER

BATTEY, District Judge.

This case arises from an injury to plaintiff's ward, Jeremiah Brunner, age 2½ at the time of the injury, which occurred on the Brunner family farm near Vale, South Dakota. The injury was the result of contact between the infant Brunner and machinery manufactured by defendant and third-party plaintiff Hutchinson Division, Lear-Siegler, Inc. (Lear-Siegler). Lear-Siegler subsequently filed a third-party...

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