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BAILEY v. DULING

No. 26177.

827 N.W.2d 351 (2013)

2013 S.D. 15

Richard BAILEY, Trustee of the Curley and Rose Haisch Charitable Remainder Trust Dated December 7, 2002, for the Trust and its Charitable Beneficiaries and Richard Bailey and Victor Schmitz, Co-Personal Representatives of the Estate of Rose Haisch, Deceased, and of Hollis Haisch, a/k/a Curley Haisch, Deceased, Plaintiffs and Appellees, v. Raymond J. DULING a/k/a Joe Duling, Lynne A. Duling, Prairie Winds Realty, Mulehead Ranch, and Duling Financial Services, Defendants and Appellants.

Supreme Court of South Dakota.

Decided February 6, 2013.

Rehearing Denied March 19, 2013.

Attorney(s) appearing for the Case

Murray Ogborn, Thomas Neville of Ogborn Mihm, LLP, Denver, Colorado, Attorneys for plaintiffs and appellees Richard Bailey and Victor Schmitz Co-Personal Representatives of the Estate of Rose Haisch, deceased, and of Hollis Haisch, a/k/a Curley Haisch, deceased.

John C. Quaintance of Sioux Falls, South Dakota, Attorney for plaintiff and appellee Richard Bailey, Trustee of the Curley and Rose Haisch Charitable Remainder Trust dated December 7, 2002, for the Trust and its Charitable Beneficiaries.

Mark V. Meierhenry, William E. Blewett of Meierhenry & Sargent, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] Plaintiffs brought suit against defendants for negligence, misrepresentation, and breach of fiduciary duties. A jury awarded plaintiffs $1,568,200, including punitive damages. Defendants appeal.

Background

[¶ 2.] Lying along the Missouri river near Bonesteel, South Dakota, the Mulehead Ranch was reputed, at one time, to be one of the largest ranches in South Dakota. Hollis "Curley" Haisch grew up on the Mulehead...

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