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DAVIS v. FRIZZELL

No. 18181.

504 N.W.2d 330 (1993)

Dale D. DAVIS, Appellant, v. Kenneth FRIZZELL, Virgil Schultz and Deborah Schultz, and Sturgis Transportation, Inc., a South Dakota Corporation, Appellees.

Supreme Court of South Dakota.

Decided August 4, 1993.

Attorney(s) appearing for the Case

Lawrence R. Bihlmeyer, Rapid City, for appellant.

Jay C. Shultz, Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, for appellees.

WUEST, Justice.

Dale Davis (hereinafter Davis) appeals summary judgment granted to Kenneth Frizzell (hereinafter Frizzell). The trial court found Davis was an independent contractor not entitled to worker's compensation benefits and granted summary judgment to Frizzell. We reverse and remand for trial.

FACTS

In September of 1989, Davis agreed to manage Frizzell's Black Hills Gold Auto Sales used car lot in Sturgis, South Dakota. There was no written...

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