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ASHBY v. NORTHWESTERN PUBLIC SERVICE CO.

No. 17530.

490 N.W.2d 286 (1992)

Jeffrey ASHBY, Plaintiff and Appellant, v. NORTHWESTERN PUBLIC SERVICE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 30, 1992.

Attorney(s) appearing for the Case

Michael J. Schaffer and Marie E. Hovland of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

Francis M. Smith of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee.

AMUNDSON, Justice.

Jeffrey Ashby (Ashby) appeals from trial court's grant of summary judgment in favor of Northwestern Public Service (Northwestern). We affirm.

FACTS

Ashby was an employee of Duke's Tree Service (Duke's), an independent contractor which was hired to perform tree-trimming services for Northwestern. Ashby worked as part of a two-man crew with Troy Madden (Madden). Madden operated the boom and trimmed trees while Ashby remained on the...

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