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HOEKMAN v. NELSON

No. 21270.

614 N.W.2d 821 (2000)

2000 SD 99

Alvin HOEKMAN and Bette Hoekman, Plaintiffs and Appellants, v. Timothy NELSON and Federal Express Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 26, 2000.

Attorney(s) appearing for the Case

Chad W. Swenson, A. Russell Janklow, Mathew T. Tobin of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Mark Haigh, Melissa C. Hinton of Davenport, Evans, Hurwitz and Smith, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

GILBERTSON, Justice

[¶ 1.] In this personal injury action plaintiff Alvin Hoekman (Hoekman) appeals the circuit court's grant of summary judgment to defendant Federal Express Corp. (Federal Express), determining that while Federal Express owed a limited duty of care to him, Hoekman was contributorily negligent more than slight as a matter of law. We affirm on the basis that the duty of care of Federal Express in these circumstances extended only to ensure Hoekman...

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