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ESTATE OF HOLZNAGEL v. CUTSINGER

No. 25808.

808 N.W.2d 103 (2011)

2011 S.D. 89

ESTATE OF Ethanuel James HOLZNAGEL, Deceased, Wayne D. Holznagel and Paula M. Holznagel, Personal Representatives, and Wayne D. Holznagel, Paula M. Holznagel, and Kathleen F. Holznagel, Individually, Plaintiffs and Appellants, v. John Ervin CUTSINGER, and Dependable Sanitation, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 21, 2011.

Attorney(s) appearing for the Case

James A. Miskimins , James D. Taylor of Taylor & Miskimins, PC, Mitchell, South Dakota, Attorneys for plaintiffs and appellants.

Michael L. Luce , Rochelle R. Sweetman of Murphy, Goldammer, & Prendergast, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

WILBUR, Justice.

[¶ 1.] Ethanuel Holznagel and John Cutsinger were involved in a car accident in Mitchell, South Dakota. Ethanuel died from injuries sustained in the accident. Ethanuel's parents, Wayne and Paula Holznagel, who are representatives of his estate, brought a wrongful death action against Cutsinger and his employer Dependable Sanitation (Defendants). A jury trial was held and a verdict was returned for...

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