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HOWARD v. BENNETT

27851.

894 N.W.2d 391 (2017)

2017 S.D. 17

Douglas W. HOWARD, Plaintiff and Appellee, v. Patrick C. BENNETT, Personal Representative of the Estate of Raymond Earl Bennett, Deceased, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED April 19, 2017.

Attorney(s) appearing for the Case

ADAM BRADSKY of Bradsky, Bradsky & Bradsky, P.C., Rapid City, South Dakota, Attorneys for plaintiff and appellee.

HEATHER M. LAMMERS BOGARD , Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP, Rapid City, South Dakota, Attorneys for defendant and appellant.

[¶ 1.] Raymond Bennett failed to negotiate a curve on a highway, drove his motorcycle off the road, and was killed. The Highway Patrol arrived and secured the scene. Approximately an hour and a half later, Douglas Howard rounded the same curve and encountered a vehicle that had come to a complete stop in his lane of travel...

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