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STEFFEN v. SCHWAN'S SALES ENTERPRISES

Nos. 23706, 23718.

713 N.W.2d 614 (2006)

2006 SD 41

Marita STEFFEN, Plaintiff and Appellant, v. SCHWAN'S SALES ENTERPRISES, INC. a/k/a Schwan's Home Service, Inc., Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 19, 2006.

Attorney(s) appearing for the Case

Arlo D. Sommervold of Sommervold Law Firm, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Melanie L. Carpenter of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] Marita Steffen pulled over to the side of the road and stopped to make way for an approaching emergency vehicle. After it passed, but before she started moving again, her car was rear-ended by a delivery truck owned by Schwan's Sales Enterprises, Inc., and driven by James Koch. At trial, defendant Schwan's claimed that Steffen was contributorily negligent because she remained stopped too long after the emergency vehicle had passed....

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