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BUISKER v. THURINGER

No. 22059.

648 N.W.2d 817 (2002)

2002 SD 81

Kelli BUISKER, personal Representative of the Estate of Heidi Jo Aldentaler, Plaintiff and Appellant, v. Margaret THURINGER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 10, 2002.

Attorney(s) appearing for the Case

H.I. King of Tonner, Tobin & King, Aberdeen, South Dakota, Philip W. Morgan, Britton, South Dakota, Attorneys for plaintiff and appellant.

Daniel R. Fritz, Aberdeen, South Dakota, Attorney for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In this wrongful death action, we conclude that the trial court erred in refusing to instruct the jury on the gratuitous employee doctrine and erred in refusing to grant a new trial when extraneous information was conveyed to the jury by the bailiff's spouse. We reverse and remand for a new trial.

A.

Background

[¶ 2.] Margaret Thuringer owned an old house trailer that had been sitting unused on her property...

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