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ZOSS v. DAKOTA TRUCK UNDERWRITES

No. 20585, 20586.

590 N.W.2d 911 (1999)

1999 SD 37

Kay ZOSS, as Special Administratrix of the Estate of Robert Rowland Zoss, Plaintiff and Appellant, v. DAKOTA TRUCK UNDERWRITERS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 31, 1999.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson, Peterson & Fox, Gregory, for plaintiff and appellant.

Paul T. Barnett of Siegel, Barnett & Schutz, Sioux Falls, for defendant and appellee.

MILLER, Chief Justice.

[¶ 1.] In this workers' compensation case resulting from a worker's death, we clarify our earlier holding by distinguishing "loss of consortium" and "pecuniary loss." See Zoss v. Dakota Truck Underwriters, 1998 SD 23, 575 N.W.2d 258 (Zoss-1.)

FACTS

[¶ 2.] Even though the underlying facts of this litigation are fully set forth in Zoss-1, for purposes of this...

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