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KIRLIN v. HALVERSON

No. 24710.

758 N.W.2d 436 (2008)

2008 SD 107

James Scott KIRLIN and Kristin Kirlin, Plaintiffs and Appellants, v. Kim HALVERSON, Defendant, Kelly Cawthorne, and PKJ, Inc., d/b/a Empire HVAC, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 5, 2008.

Attorney(s) appearing for the Case

N. Dean Nasser, Jr., Nasser Law Offices, P.C., Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Michael L. Luce, Luce Law Office Sioux Falls, South Dakota, Attorney for defendants and appellees Kelly Cawthorne and PKJ, Inc., d/b/a Empire HVAC.

Daniel K. Brendtro, Sioux Falls, South Dakota Attorney for defendants and appellees Kelly Cawthorne and PKJ, Inc. d/b/a Empire HVAC.

GILBERTSON, Chief Justice.

¶ 1. On August 31, 2005, plaintiff James Scott Kirlin (Kirlin) commenced a lawsuit in the South Dakota Second Judicial Circuit for personal injuries and other losses against defendants Kim Halverson (Halverson), Kelly Cawthorne (Cawthorne) and PKJ, Inc. d/b/a Empire HVAC (PKJ) resulting from an assault that Halverson perpetrated upon Kirlin. Kirlin's wife, plaintiff Kristin Kirlin, concurrently commenced an action against the defendants...

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