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KURTH v. AERIAL BLADES, INC.

No. 21801.

634 N.W.2d 307 (2001)

2001 SD 118

Jerald KURTH and Connie Kurth, Plaintiffs and Appellees, v. AERIAL BLADES, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 26, 2001.

Attorney(s) appearing for the Case

Timothy W. Bjorkman and Mike C. Fink of Bjorkman & Fink, P.C., Bridgewater, SD, Attorneys for plaintiffs and appellees.

Danny R. Smeins, Webster, SD, Attorney for defendant and appellant.

GILBERTSON, Justice.

[¶ 1.] By a grant of summary judgment, Aerial Blades was found liable for wrongful injury to trees and ordered to pay treble damages to Kurths pursuant to SDCL 21-3-10. We reverse and remand for trial.

FACTS AND PROCEDURE

[¶ 2.] On the morning of May 13, 1998, Wade Hursey (Hursey), employee of Aerial Blades, Inc. (Aerial Blades), began spraying the chemical Tordon 22K with an aerial spray helicopter to a pasture adjacent...

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