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ENGLUND v. VITAL

No. 26355.

838 N.W.2d 621 (2013)

2013 S.D. 71

Russell ENGLUND and Mary Englund, Individually, and as the Guardians Ad Litem of Gabrielle Englund, Plaintiffs and Appellants, v. Paul VITAL and Kristine Vital, Individually, and as the Guardians Ad Litem of Keenan Vital, Defendants, and Robert Smith, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 2, 2013.

Attorney(s) appearing for the Case

Daniel K. Brendtro , Jeff Cole of Zimmer, Duncan & Cole, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Richard L. Travis , Eric D. Denure , Lindsay K. Edwards of May & Johnson, PC, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

WILBUR, Justice.

[¶ 1.] Twelve-year-old K.V. threw a softball-size rock that struck nine-year-old G.E. in the head. The parties disagree whether the incident was an accident or intentional. The incident occurred near the intersection of three backyards in Hartford, South Dakota. One backyard belonged to the rental home of K.V.'s parents, the Vitals; the second belonged to G.E.'s parents, the Englunds; and the third...

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