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OPENHOWSKI v. MAHONE

Nos. 21133, 21148.

612 N.W.2d 579 (2000)

2000 SD 76

Thaddeus OPENHOWSKI, Plaintiff and Appellee, v. Alex MAHONE, Defendant and Appellant. Grinnell Mutual Reinsurance Company, Plaintiff and Appellant, v. Robert E. Mahone, Annette Mahone and Alex Mahone, Defendants, and Thaddeus Openhowski, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 14, 2000.

Attorney(s) appearing for the Case

Lon J. Kouri and John H. Billion of May, Johnson, Doyle & Becker, Sioux Falls, for plaintiff and appellant Grinnell Mutual Reinsurance Company.

Melanie L. Carpenter of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant Alex Mahone.

Brian L. Radke of Radke Law Office, Sioux Falls, for plaintiff, defendant and appellee Thaddeus Openhowski.

BASTIAN, Circuit Judge.

[¶ 1.] Alex Mahone (Alex) and Grinnell Mutual Reinsurance Company (Grinnell) each submitted petitions for intermediate appeal to this Court from orders denying their individual motions for summary judgment. We granted the petitions and consolidated them for review. We reverse the orders of the trial courts and remand with instructions.

PROCEDURAL HISTORY

[¶ 2.] Both actions derive from an injury allegedly suffered...

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