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KUEHL v. HORNER (J.W.) LUMBER CO.

No. 22777.

678 N.W.2d 809 (2004)

2004 SD 48

Rebecca Jean KUEHL, Plaintiff and Appellant, v. HORNER (J.W.) LUMBER COMPANY, A South Dakota Corporation, Defendant, Third Party Plaintiff and Appellee, Lance Adam Warne and Kevin Schoenfelder, Third Party Defendants.

Supreme Court of South Dakota.

Decided April 7, 2004.

Attorney(s) appearing for the Case

Dennis C. McFarland, Sioux Falls, South Dakota, Attorney for plaintiff and appellant.

Michael L. Luce and Melissa C. Hinton of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for defendant, third party plaintiff and appellee.

BASTIAN, Circuit Judge.

[¶ 1.] Rebecca Jean Kuehl (Kuehl) sued Horner Lumber Company, Inc., (Horner) claiming Horner employees negligently loaded or assisted the loading of a trailer with lumber thereby creating an overloaded condition that caused an accident that injured her. The trial court granted summary judgment in favor of Horner and entered a final judgment on the merits. Kuehl appeals. We reverse and remand...

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