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ESTATE OF SHUCK v. PERKINS COUNTY

No. 20147.

577 N.W.2d 584 (1998)

1998 SD 32

ESTATE OF Leon O. SHUCK, deceased, Teresa A. Shuck, and Teresa A. Shuck, as Guardian of Cody C. Shuck, Kayla M. Shuck, and Otis N. Shuck, Minors, Plaintiffs and Appellants, v. PERKINS COUNTY, South Dakota a political subdivision of the State of South Dakota, and William M. Simpson, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 1, 1998.

Rehearing Denied May 6, 1998.

Attorney(s) appearing for the Case

Leroy Hill, Belle Fourche, Timothy J. Rensch, Rapid City, for plaintiff and appellant.

Paul S. Swedlund & G. Verne Goodsell of Gunderson, Palmer, Goodsell and Nelson, Rapid City, for defendant and appellee County.

Mary A. Gubbrud & Thomas G. Fritz of Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendant and appellee Simpson.

GILBERTSON, Justice.

[¶ 1.] This appeal arises out of a single vehicle automobile accident in which Leon Shuck (Leon) was severely injured on a rural gravel road in Perkins County, South Dakota. Leon died approximately one year after the accident due to complications related to his injuries. Summary judgment was granted in favor of defendants. Leon's estate and his heirs now appeal. We affirm.

FACTS AND PROCEDURE

[¶ 2.] On September 26...

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