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DUDA v. PHATTY McGEES, INC.

No. 24604.

758 N.W.2d 754 (2008)

2008 SD 115

Tim DUDA, Plaintiff and Appellant, v. PHATTY McGEES, INC., d/b/a Hooky Jacks, Defendant and Appellee, v. Willie Guerrero, Third-Party Defendant.

Supreme Court of South Dakota.

Decided December 03, 2008.

Attorney(s) appearing for the Case

George J. Nelson of Abourezk & Zephier, P.C., Rapid City, South Dakota, Attorneys for plaintiff and appellant.

John K. Nooney Kirsten M. Taggart of Nooney Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] During a fist fight in a nightclub, when a beer bottle was broken over his friend's head, plaintiff stepped in front of his friend to protect him from further injury. Plaintiff was then stabbed in the neck with the broken beer bottle. In his lawsuit against the nightclub, plaintiff alleged, among other things, that the nightclub was negligent for failing to provide adequate and competent security. The jury returned a special verdict...

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