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MASAD v. WEBER

No. 25034.

772 N.W.2d 144 (2009)

2009 SD 80

Randall F. MASAD and Lori J. Masad, Plaintiffs and Appellants, v. Doug WEBER, Bob Kuemper, Dennis Block, Daryl Slykhuis, Owen Spurrel, Robert Rae, Tom Linneweber, Barb Boldt, Kristin Jensen, Jeremy Roland, Randy Flick, Jeff Baker, Darin Young, Laurel Paulson, David Lentsch, Jodi Wiese, Brad Woodward, Larry Weins, Jorgene Williams, Sandy Wechsler, Troy Ponto, Chuck Gilson, Harlan Tjeerdsma, Sherry O'Connor, Nancy Christiansen, Aaron Mach, Kirk Greenwood, Bill Vanderwoude, Angela Hawkey, Savella Olesen, Paul Kurle, Jared Broesder, Ryan Feterl, Rick Leslie, Chad Straatmeyer, Crystal Van Vooren, Darold Diede, Jodi Stettnichs, and John Doe Defendants 1-10, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 26, 2009.

Attorney(s) appearing for the Case

Michael J. Schaffer, Paul H. Linde of Schaffer Law Office, Prof., LLC Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

James E. Moore James A. Power of Woods, Fuller, Shultz & Smith, PC Sioux Falls, South Dakota, for Attorneys for defendants and appellees.

SEVERSON, Justice.

[¶ 1.] Randall and Lori Masad (Plaintiffs) appeal the circuit court's summary judgment in favor of the South Dakota Department of Corrections (State). The circuit court ruled that Randall Masad's (Masad) negligence claim was barred by SDCL 3-21-8 and 3-21-9(5), that application of these statutes to bar his claim did not violate the South Dakota Constitution, and that, as a matter of law, Masad was not a third-party beneficiary of the contract...

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