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SCHIPKE v. GRAD

No. 19632.

562 N.W.2d 109 (1997)

1997 SD 38

Stewart SCHIPKE and Lafay Schipke, d/b/a Fay's Refrigeration, Plaintiffs and Appellants, v. Patty GRAD, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 9, 1997.

Attorney(s) appearing for the Case

Kent Hyde of Hyde & Allred Law Office, Aberdeen, for Plaintiffs and Appellants.

Mark J. Welter of Woods, Fuller, Shultz & Smith, Sioux Falls, for Defendant and Appellee.

GILBERTSON, Justice.

[¶ 1.] LaFay and Stewart Schipke, d/b/a/ Fay's Refrigeration (Schipke), appeal from a summary judgment granted to Patty Grad (Grad). We affirm.

FACTS AND PROCEDURE

[¶ 2.] Schipke is Jon Grad's employer. Jon is married to Patty Grad, the defendant and appellee in this action. On November 25, 1991, Grad dropped her husband, Jon, at his work site. While Jon was removing tools from the back of their vehicle, Grad's foot...

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