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STONE v. VON EYE FARMS

No. 24460.

741 N.W.2d 767 (2007)

2007 SD 115

Jeffrey STONE, Plaintiff and Appellant, v. VON EYE FARMS, Daniel Von Eye, Sr., Individually, and Jamie Von Eye, Individually, Defendants and Appellees, Daniel Von Eye, Jr., Individually, Defendant.

Supreme Court of South Dakota.

Decided November 7, 2007.

Attorney(s) appearing for the Case

Laura Koob, Brian L. Radke of Radke Law Offices, P.C., Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Timothy A. Clausen of Klass Law Firm, Sioux City, Iowa, Attorneys for defendants and appellees.

GILBERTSON, Chief Justice.

[¶ 1.] On July 19, 2006, in the South Dakota Third Judicial Circuit, Jeffrey Stone (Stone) filed a complaint against Von Eye Farms, Daniel Von Eye, Sr., Daniel Von Eye, Jr., and Jamie Von Eye (collectively "Von Eyes") arising from personal injuries that he received in a farm accident. On September 1, 2006, Von Eyes filed a motion for summary judgment. Stone amended his complaint on November 15, 2006. On December 18, 2006, the circuit...

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