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ANDRUSHCHENKO v. SILCHUK

No. 24464.

744 N.W.2d 850 (2008)

2008 SD 8

Alex ANDRUSHCHENKO and Nataliya Andrushchenko, as Guardian Ad Litem of D.A., a Minor, and Nataliya Andrushchenko, Individually, Plaintiffs and Appellants, v. Ivan SILCHUK and Lyuba Silchuk, Metzger Construction, Inc. and M & M Plumbing-HVAC, L.L.C., Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 30, 2008.

Attorney(s) appearing for the Case

Rollyn H. Samp of Samp Law Firm, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

William C. Garry, Shawn M. Nichols of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for appellees Silchuk.

Roy A. Wise of Richardson, Wyly, Wise, Sauck, & Hieb, LLP, Aberdeen, South Dakota, Attorneys for appellee Metzger Construction.

Mark D. O'Leary, Sioux Falls, South Dakota, Attorney for appellee M & M Plumbing.

MEIERHENRY, Justice.

[¶ 1.] Alex and Nataliya Andrushchenko (Andrushchenkos), as guardians ad litem of their minor child D.A., and Nataliya Andrushchenko, individually, brought suit against Ivan and Lyuba Silchuk (Silchuks), Metzger Construction, Inc., and M & M Plumbing-HVAC, L.L.C. (M & M) (collectively defendants) for injuries that D.A. sustained from scalding water in the Silchuks' bathtub. The circuit court granted summary judgment to the defendants...

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