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CERTIFICATION OF A QUESTION OF LAW

No. 25216.

779 N.W.2d 158 (2010)

2010 SD 16

In the Matter of the CERTIFICATION OF A QUESTION OF LAW from the United States District Court, District of South Dakota, Southern Division, Pursuant to the Provisions of SDCL 15-24A-1, and Concerning Federal Action Civ. 07-4163, Titled as Follows: Mandi Leigh Gronseth, Plaintiff, v. Chester Rural Fire Protection District and Chester Fire Department, Defendants.

Supreme Court of South Dakota.

Decided February 17, 2010.

Attorney(s) appearing for the Case

Natalie D. Damgaard, A. Russell Janklow, of Janklow Law Firm, Prof, LLC, Sioux Falls, South Dakota and Peter I. Gregory, Sioux Falls, South Dakota, Attorneys for plaintiff.

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

KONENKAMP, Justice.

[¶ 1.] In answer to a certified question from the United States District Court for the District of South Dakota, we conclude that a fire fighter driving to a fire hall to respond to a fire call is rendering emergency care or service under SDCL 20-9-4.1.

Background

[¶ 2.] Tim Bauman is a volunteer fire fighter for the Chester Fire Department, in the Chester Rural Fire Protection...

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