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MILLEA v. ERICKSON

No. 26832.

849 N.W.2d 272 (2014)

2014 S.D. 34

Prudence MILLEA, as Special Administrator of the Estate of Kimimila Win Sunny Sarah Iron Cloud, (Deceased), Plaintiff and Appellant, v. Jolyn R. ERICKSON, Defendant, and Kelly Laughlin, Individually and as Property Owner, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 18, 2014.

Attorney(s) appearing for the Case

Charles Abourezk of Abourezk & Zephier, PC Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Jane Wipf Pfeifle of Lynn, Jackson, Shultz & Lebrun, PC Rapid City, South Dakota, Attorneys for defendant and appellee.

WILBUR, Justice.

[¶ 1.] Prudence Millea, special administrator of the estate of Kimimila Win Sunny Sarah Iron Cloud (Kimi), brought a negligence action against both Jolyn Erickson and Kelly Laughlin (Laughlin) for Kimi's death. Laughlin filed a motion for summary judgment arguing that he had no legal duty to Kimi. The circuit court granted summary judgment to Laughlin. We affirm.

FACTS AND PROCEDURAL BACKGROUND...

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