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SJOLAND v. CARTER

No. 22582.

664 N.W.2d 48 (2003)

2003 SD 66

Robert O. SJOLAND and Vonda Sjoland, Plaintiffs and Appellees, v. Melvin E. CARTER, Defendant, and Ron Borden and Jim Cassidy, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 4, 2003.

Attorney(s) appearing for the Case

Patrick Duffy of Duffy & Duffy Law Office, Rapid City, for plaintiffs and appellees.

Jerry D. Johnson of Banks, Johnson, Colbath, Sumner & Kappelman, Rapid City, for defendants and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] This is a discretionary appeal allowed by this Court brought by Ron Borden (Borden) and Jim Cassidy (Cassidy) after the trial court denied their motions for summary judgment. We reverse on Issue I and therefore, need not reach Issue II.

FACTS AND PROCEDURE

[¶ 2.] On August 14, 1995, Robert and Vonda Sjoland were traveling in their suburban on North Highway 79. They were on vacation and on their way to Madison...

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