MOORE v. MICHELIN TIRE CO., INC.

Nos. 20710, 20898 and 20913.

603 N.W.2d 513 (1999)

1999 SD 152

Scott MOORE and Beth Moore, Plaintiffs and Appellants, v. MICHELIN TIRE COMPANY, INC., Defendant and Appellant, and Iverson Max Motor Company, Inc., Defendant and Appellant, and Ford Motor Company, General Motors Corporation, Chrysler Company, Hayes Wheel International fka Kelsey Hayes, and The Doe Company, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 15, 1999.


Attorney(s) appearing for the Case

David J. Larson of Larson, Sundall, Larson, Schaub and Fox, Chamberlain, South Dakota, Attorneys for plaintiffs and appellants.

David A. Gerdes of May, Adam, Gerdes and Thompson, Pierre, South Dakota, Attorneys for defendant and appellant Michelin Tire.

Sandra K. Hoglund and Edwin E. Evans of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellant Iverson Max.

Jerry D. Johnson of Banks, Johnson, Colbath & Kerr, Rapid City, South Dakota and C. Paul Carver of Bowman & Brooke, Minneapolis, Minnesota, Attorneys for defendant and appellee Ford.

Patricia A. Meyers of Costello, Porter, Hill, Heisterkamp and Bushnell, Rapid City, South Dakota and Mary E. Bolkcom of Hanson Marek Bolkcom & Greene, Minneapolis, Minnesota, Attorneys for defendant and appellee General Motors.

Rory King of Siegel, Barnett and Schultz, Aberdeen, South Dakota and Terrence C. Thom and William P. Croke of Quale, Feldbruegge, Calvelli, Thom & Croke, Milwaukee, Wisconsin, Attorney for defendant and appellee Chrysler.

Robert C. Riter of Riter, Mayer, Hofer, Wattier & Brown, Pierre, South Dakota and M. Daniel Vogel, Jr. of Vogel, Weir, Bye, Hunke & McCormick, Fargo, North Dakota, Attorneys for defendant and appellee Hayes Wheel.


GILBERTSON, Justice.

[¶ 1.] Plaintiffs Scott and Beth Moore (Moore) appeal the dismissal of their products liability action against Defendants Ford Motor Company, General Motors Corporation, Chrysler Company, and Hayes Wheel International (Auto Manufacturers), granted on the basis of the running of the statute of limitation. Moore also appeals the trial court's denial of his motion to return this action to the original trial court judge. Defendants Michelin Tire...

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