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STOVER v. CRITCHFIELD

No. 18295.

510 N.W.2d 681 (1994)

Gayle STOVER, Karmin Heninger, Marlys Frederick, Misty Frederick, and Carrie Jones, Plaintiffs, and IMT Insurance Company, Intervenor Plaintiff and Appellant, v. Lewis Edward CRITCHFIELD, Defendant, and Budget Rent-A-Car Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 12, 1994.

Attorney(s) appearing for the Case

Richard P. Tieszen, Thomas H. Harman, Tieszen Law Office, Pierre, for intervenor plaintiff and appellant.

Kennith L. Gosch, Bantz, Gosch, Cremer, Peterson & Oliver, Aberdeen, for defendant and appellee Budget Rent-a-Car Corp.

WUEST, Justice.

This is an intermediate appeal from the circuit court's decision on cross motions for summary judgment. We affirm.

FACTS

On March 22, 1989, Budget Rent-a-Car (Budget) rented a truck to Lewis Critchfield (Critchfield). The rental transaction took place at the airport in Boulder, Colorado. Critchfield drove the truck to Wisconsin and returned to Colorado via Interstate 90. While driving through South Dakota on that return trip...

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