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JOHNSON v. O'FARRELL

No. 25336.

787 N.W.2d 307 (2010)

2010 SD 68

Rusty JOHNSON, Plaintiff and Appellee, v. Kela O'FARRELL and Cory O'Farrell, Defendants and Appellants.

Supreme Court of South Dakota.

Decided August 11, 2010.

Attorney(s) appearing for the Case

John D. Knight of Gunderson, Evenson, Boyd, Knight & Stoltenburg, LLP, Clear Lake, South Dakota, Attorneys for plaintiff and appellee.

Larry M. Von Wald, Beardsley, Jensen & Von Wald, Prof. LLC, Rapid City, South Dakota, Attorneys for defendants and appellants.

ZINTER, Justice.

[¶ 1.] Rusty Johnson brought this action for negligence and assault against Kela O'Farrell, the owner of a bar, and her husband, Cory O'Farrell, an employee (defendants). Johnson alleged that he suffered personal injuries when Cory threw him against a wall in the bar. At trial, Johnson introduced a police report that included a deputy sheriff's interview of the defendants on the night of the incident...

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