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SMITH v. NEVILLE

No. 18981.

539 N.W.2d 679 (1995)

Shawn Curtis SMITH, Plaintiff and Appellant, v. Fredrick H. NEVILLE, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned August 23, 1995.

Decided November 15, 1995.

Attorney(s) appearing for the Case

Jon J. Lafleur of Lafleur, Lafleur & Lafleur, Rapid City, for plaintiff and appellant.

Richard J. Helsper and Eric N. Rasmussen of Helsper & Rasmussen, Brookings, for defendant and appellee.

SABERS, Justice (on reassignment).

Shawn Curtis Smith (Smith) appeals a summary judgment in his negligence action against Fredrick H. Neville (Neville). We reverse and remand.

FACTS

On February 13, 1993 in Rapid City, South Dakota, a motor vehicle operated by Smith collided with a snow plow operated by Neville. Smith sustained various injuries as a result of the accident and, on June 23, 1994, he caused a summons and complaint for negligence to be...

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