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McGUIRE v. DEAN J. CURRY

Nos. 24943, 24947.

766 N.W.2d 501 (2009)

2009 SD 40

Catherine Rose McGUIRE, Plaintiff and Appellant, v. DEAN J. CURRY, Defendant and Third-Party Plaintiff, and Park Jefferson Speedway, Inc., a South Dakota Corporation, Defendant, Third-Party Plaintiff and Appellee, v. Christopher Eric Mollet, Third-Party Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 20, 2009.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. of Johnson, Heidepriem, Janklow, Abdallah & Johnson, LLP, Sioux Falls, SD, Grant G. Alvine, David J. King of Alvine & King, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant McGuire.

Joel D. Vos, James W. Redmond of Heidman Law Firm, LLP, Sioux City, Iowa, Attorneys for defendant, third-party plaintiff and appellee Park Jefferson Speedway.

Susan M. Sabers of Fuller & Sabers, LLP, Sioux Falls, South Dakota, Attorneys for third-party defendant and appellant Mollet.

KONENKAMP, Justice.

[¶ 1.] An underage employee, who had unlimited access to his employer's alcoholic beverages, drank to intoxication while at work. After his shift ended, the employee drove his vehicle off the premises and struck the plaintiff, who was a passenger on a motorcycle. She brought suit against the employee and the employer. As to the employer, the plaintiff alleged negligence per se, based on a violation of SDCL 35-4-79, and common law negligence...

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