UNRUH v. DAVISON COUNTY

No. 24511.

744 N.W.2d 839 (2008)

2008 SD 9

John UNRUH II; Nathaniel Unruh and Amy Miller, individually and as Personal Representatives of the Estate of John Harold Unruh, deceased; and Mollie Eichman, individually, Plaintiffs, v. DAVISON COUNTY, South Dakota; Hutchinson County, South Dakota; David Miles, individually and in his capacity as the Davison County Sheriff; Don Radel, individually and in his capacity as Administrator of the Davison County Jail; Connie Ireland, individually and in her capacity as a Davison County employee; Glen Ellerton, individually and in his capacity as a Davison County employee; Jeff Miner, individually and in his capacity as a Davison County employee; Jerry McNary, individually and in his capacity as a Davison County employee; Cindy Voyles, individually and in her capacity as a Davison County employee; Roger Erickson, individually and in his capacity as a Davison County employee; Ginger Faas, individually and in her capacity as a Davison County employee; Linda Aldrich, individually and in her capacity as a Davison County employee; Tom Kulm, individually and in his capacity as a Davison County employee; Carol Radel, individually and in her capacity as a Davison County employee; and other Unknown Persons, individually and in their capacity as employees of Hutchinson and Davison Counties, South Dakota, Defendants.

Supreme Court of South Dakota.

Decided January 30, 2008.

Rehearing Denied March 3, 2008.


Attorney(s) appearing for the Case

Sheila S. Woodward, Michael F. Marlow of Johnson, Miner, Marlow Woodward & Huff, LLP, Yankton, South Dakota, Attorneys for plaintiffs.

Gary P. Thimsen, James A. Power, Cheri S. Raymond of Woods, Fuller, Shultz & Smith, PC, Sioux Falls, South Dakota, Attorneys for defendants, Davison County & Davison County Defendants.

Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for defendants, Hutchinson County & Deb Gering.


GILBERTSON, Chief Justice.

[¶ 1.] Plaintiffs, John Unruh II, Nathaniel Unruh, Amy Miller, individually and as personal representatives and on behalf of the Estate of John H. Unruh, deceased, (Unruh) and Mollie Eichman, individually, brought an action against. Davison County and Hutchinson County and several of their employees known and unknown known1 (collectively "Defendants") for negligent...

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