UPPER PLAINS CONTRACTING v. PEPSI AMERICAS

No. 22388.

656 N.W.2d 323 (2003)

2003 SD 3

UPPER PLAINS CONTRACTING INC., Plaintiff and Appellee, v. PEPSI AMERICAS, Defendant and Appellant, and Chad Lesner, Defendant.

Supreme Court of South Dakota.

Decided January 8, 2003.


Attorney(s) appearing for the Case

Roy A. Wise of Richardson, Groseclose, Wyly, Wise & Sauck Aberdeen, South Dakota, Attorneys for plaintiff and appellee.

Ronald J. Hall, Hall Law Firm, Aberdeen, South Dakota, Attorney for defendant and appellant.


ZINTER, Justice.

[¶ 1.] Upper Plains Contracting Inc. (UPCI) filed suit against "Pepsi Americas,"1 for damage allegedly caused when a Pepsi delivery truck drove over freshly poured concrete at a road construction project. Pepsi Americas failed to timely answer the complaint, and UPCI moved for a default judgment. Pepsi Americas retained counsel to appear and resist the motion for default...

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