RICHARDS v. LENZ

Nos. 18783, 18784, 18849 and 18855.

539 N.W.2d 80 (1995)

Tammy RICHARDS, Plaintiff and Appellant, v. Eldon LENZ and West River Mental Health Center, Defendants and Appellees. Edward A. RICHARDS, Plaintiff and Appellant, v. Eldon LENZ and West River Mental Health Center, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 18, 1995.

Rehearing Denied November 27, 1995.


Attorney(s) appearing for the Case

Steven C. Beardsley and Mary A. Gubbrud of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, for plaintiffs and appellants.

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

J. Crisman Palmer and Talbot Wieczorek of Gunderson, Palmer, Goodsell & Nelson, Rapid City, for defendant and appellee West River Mental Health Center.


LEE D. ANDERSON, Circuit Judge.

In this consolidated appeal, we hold that the trial court erred in granting a motion to dismiss by defendant, West River Mental Health Center and in granting a motion for summary judgment in favor of defendant, Eldon Lenz. Thus, we reverse and remand for trial.

FACTS AND PROCEDURAL HISTORY

In October 1987 Edward and Tammy Richards (Richards) approached West River Mental Health Center (WRMH) seeking marriage counseling...

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