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QUICK v. SAMP

No. 23319.

697 N.W.2d 741 (2005)

2005 SD 60

Russ J. QUICK and ZR Consulting, Inc., Plaintiffs and Appellants, v. Rollyn H. SAMP, as Personal Representative of the Estate of John E. Burke, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 11, 2005.

Attorney(s) appearing for the Case

Thomas M. Issenhuth of Arneson, Issenhuth & Parent, LLP, Madison, for plaintiffs and appellants.

William P. Fuller, Susan M. Sabers of Woods, Fuller, Shultz and Smith, PC, Sioux Falls, for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Russ J. Quick and ZR Consulting, Inc. brought this malpractice action against their former attorney, John Burke. The malpractice allegedly occurred during Burke's representation of Quick in a prior suit against a third-party. Quick alleged malpractice on two theories: (1) attorney negligence in preparation of the complaint; and, (2) fraud in Burke's preparation of a forged document that was used to correct a problem caused by the defective...

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