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WILSON v. HOGAN

No. 17369.

473 N.W.2d 492 (1991)

Dawn F. WILSON, Individually and as Special Administrator of the Estate of John D. Wilson, Plaintiff, v. Edward HOGAN, Defendant and Third Party Plaintiff v. CITY OF RAPID CITY, and State of South Dakota, Third Party Defendants.

Supreme Court of South Dakota.

Decided July 24, 1991.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Camron Hoseck, Asst. Atty. Gen., Pierre, for third party defendant, State of S.D.

Steven C. Beardsley, Craig A. Pfeifle, Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, for Edward Hogan.

SABERS, Justice.

State appeals denial of its motion to dismiss third party complaint against state on grounds of sovereign immunity and deficient notice.

Facts

On September 20, 1989, Wilson and Hogan were involved in a car accident on a Rapid City street in which Wilson died. On November 9, 1989, plaintiff, as Wilson's representative, brought suit against Hogan for negligence for damages for Wilson's death.

On May 21, 1990, Hogan's...

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