RAY v. DOWNES

No. 20100.

576 N.W.2d 896 (1998)

1998 SD 40

Donald RAY and Levena Ray, Plaintiffs and Appellants, v. Harold DOWNES, John Wieczorek and Phillip J. Waldner, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 22, 1998.


Attorney(s) appearing for the Case

Lee C. "Kit" McCahren of Olinger, Lovald, Robbennolt & McCahren, Pierre, for plaintiffs and appellants.

Larry M. VonWald of Truhe, Beardsley, Jensen, Helmers & VonWald, Rapid City, for appellee Harold Downes.

Gene R. Bushnell of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for appellees John Wieczorek & Phillip J. Waldner.


GILBERTSON, Justice.

[¶ 1] On October 16, 1995 Donald Ray (Ray) was injured in a farm accident when a semi-tractor/trailer rolled over his legs while he was attempting to position an auger under a trailer to unload crops into a large storage bin. Ray then brought a negligence action against his employer, the owner of the farm. He also sued the custom harvester hired by his employer and the custom harvester's driver. Ray's wife, Levena Ray, joined in the suit...

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