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CLAUSEN v. ABERDEEN GRAIN INSPECTION

Nos. 20370, 20371, 20386.

594 N.W.2d 718 (1999)

1999 SD 66

Marlys CLAUSEN, as Special Administratrix of the Estate of David Clausen, her Deceased Husband, Plaintiff and Appellant, v. ABERDEEN GRAIN INSPECTION, INC., and South Dakota Wheatgrowers Assoc., a South Dakota Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned March 16, 1999.

Decided May 26, 1999.

Attorney(s) appearing for the Case

Jack H. Hieb of Schoenbeck Law Office, Webster, South Dakota and Kenneth E. Barker of Quinn, Eiesland, Day & Barker, Belle Fourche, South Dakota, Attorneys for plaintiff and appellant.

Arlo D. Sommervold of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, South Dakota, Attorneys for defendant and appellee Aberdeen Grain.

John H. Billion and Lon J. Kouri of May, Johnson, Doyle & Becker, P.C., Sioux Falls, South Dakota, Attorneys for defendant and appellee South Dakota Wheatgrowers Association.

GILBERTSON, Justice (on reassignment).

[¶ 1.] David Clausen (Clausen) died as a result of injuries he sustained after falling from the top of a railcar from which he was sampling grain. His wife, Marlys Clausen (Mrs. Clausen), brought a negligence action against Aberdeen Grain Inspection, Inc. (AGI), the grain inspection company that contracted with Clausen and South Dakota Wheatgrowers Association (Wheatgrowers), the owner of the grain elevator where the railcars...

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