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PUBLIC ENTITY POOL FOR LIABILITY v. SCORE

Nos. 22250, 22251, 22301.

658 N.W.2d 64 (2003)

2003 SD 17

PUBLIC ENTITY POOL FOR LIABILITY, (PEPL), Plaintiff and Appellee, v. David SCORE, Individually and as Personal Representative of the Estate of Gina Score, Defendant, and Tamara Wagaman, Individually, and in her Capacity as an Employee of the State of South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 12, 2003.

Rehearing Denied March 27, 2003.

Attorney(s) appearing for the Case

Brent A. Wilbur, Bobbi J. Benson, Pierre, South Dakota, Attorneys for plaintiff and appellee.

James G. Abourezk, Rita Allen, Sioux Falls, South Dakota, Attorneys for defendant and appellant Tamara Wagaman.

KONENKAMP, Justice.

[¶ 1.] Along with several other state employees, two juvenile facility supervisors were sued in federal court for their involvement in the death of a juvenile inmate at the State Training School. South Dakota maintains the Public Entity Pool for Liability (PEPL fund) for the defense of tort claims against state employees. While agreeing to defend the other state employees, the PEPL fund declined to defend the two supervisors and brought a...

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