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WAGNER v. TRUESDELL

No. 19790.

574 N.W.2d 627 (1998)

1998 SD 9

Deloris E. WAGNER, Plaintiff and Appellant, v. Clifford TRUESDELL, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned October 29, 1997.

Decided January 28, 1998.

Attorney(s) appearing for the Case

Stan H. Anker, Rapid City, for plaintiff and appellant.

Benjamin J. Eicher of Wallahan and Eicher, Rapid City, for defendant and appellee.

MILLER, Chief Justice (on reassignment).

[¶ 1.]Deloris E. Wagner appeals the dismissal of her negligence action and a summary judgment for Clifford Truesdell on the grounds of defective service of process. We reverse and remand.

FACTS

[¶ 2.]In 1993, Wagner slipped and fell in a parking lot owned by Truesdell in Rapid City, South Dakota. She alleges the fall was the result of Truesdell's negligent maintenance of the lot and that she sustained...

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