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FLYNN v. LOCKHART

No. 18736.

526 N.W.2d 743 (1995)

Barbara A. FLYNN, Plaintiff and Appellant, v. James W. LOCKHART, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 25, 1995.

Attorney(s) appearing for the Case

Lonald L. Gellhaus of Williams, Gellhaus & Gerdes, P.C., Aberdeen, and Gary K. Wood of Collins & Ingebritson, P.A., Minneapolis, MN, for plaintiff and appellant.

Robert L. Lewis of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for defendant and appellee.

KONENKAMP, Justice.

An injured party appeals summary judgment upholding a joint tortfeasor release she earlier signed in a settlement with a separate defendant. We affirm.

FACTS

James Lockhart invited Barbara Flynn to ride in a horse-drawn buggy owned by Robert Mines. After Lockhart and Mines hitched the rig, Lockhart handled the reins. Apparently the rig was fastened improperly: the buggy hit the horse causing it to kick and buck, throwing...

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