OLSON-ROTI v. KILCOIN

Nos. 22244, 22245.

653 N.W.2d 254 (2002)

2002 SD 131

Shirleen OLSON-ROTI, Marcia Hohn, Mary Thompson, Gert Hein, Teresa Fonder, Pegge Starr, Verdell Knittel, Sandy Brueske, Sally Weber, Tiffany Tebay, Connie Hjelm And Susie Smith, Plaintiffs and Appellants, v. Linda KILCOIN, as Personal Representative of Bert Van Dyke and Van Dyke Supply Company and Ferro Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 23, 2002.


Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson & Peterson, Gregory, SD, for plaintiffs and appellants.

Susan Brunick Simons of Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for defendants and appellees.


SABERS, Justice.

[¶ 1.] Justice RICHARD W. SABERS delivers the majority opinion of the Court on Issue 1, which holds that hearsay statements by the decedent were admissible.

[¶ 2.] Justice SABERS delivers the majority opinion on Issue 2, which holds that Olson-Roti alleged a cause of action in her complaint and may pursue punitive damages.

[¶ 3.] The separate writings of Justice JOHN K. KONENKAMP, joined...

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