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BURHENN v. DENNIS SUPPLY CO.

No. 22737.

685 N.W.2d 778 (2004)

2004 SD 91

Peggy BURHENN, Individually and as Special Administrator of the Estate of Timothy F. Burhenn, Plaintiffs and Appellants, v. DENNIS SUPPLY COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 4, 2004.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Robin J. Houwman of Danforth, Meierhenry & Meierhenry, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Melissa B. Nicholson, Thomas J. Nicholson of Johnson, Eklund, Nicholson & Peterson, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Peggy Burhenn, as representative for the Estate of Timothy F. Burhenn (Burhenn), brought a wrongful death action against Dennis Supply Company (Dennis Supply). The complaint alleged Dennis Supply acted negligently when it took several of its customers on a fishing trip, resulting in the drowning death of Burhenn. Dennis Supply denied any negligence on its part and asserted the affirmative defenses of contributory negligence and...

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