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ESTATE OF JOHNSON EX REL. JOHNSON v. WEBER

27792.

898 N.W.2d 718 (2017)

2017 S.D. 36

ESTATE OF Ronald E. JOHNSON, BY AND THROUGH its Personal Representative, Lynette K. JOHNSON, and Lynette K. Johnson, Individually, Plaintiffs and Appellants, v. Douglas WEBER, Troy Ponto, Darin Young, Crystal Van Vooren, Denny Kaemingk, Laurie Feiler, Timothy A. Reisch, South Dakota Department of Corrections, State of South Dakota, and John Does 1-20, Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED June 14, 2017.

Rehearing Denied July 28, 2017.

Attorney(s) appearing for the Case

DONALD M. McCARTY of Helsper, McCarty & Rasmussen, PC, Brookings, South Dakota and JOHN W. BURKE of Thomas, Braun, Bernard & Burke, LLP, Rapid City, South Dakota, Attorneys for appellants.

JAMES E. MOORE , JAMES A. POWER of Woods Fuller Shultz & Smith P.C., Sioux Falls, South Dakota, Attorneys for appellees.

[¶ 1.] Lynette Johnson, individually and on behalf of the Estate of Ronald E. Johnson (collectively Johnson), appeals from an order granting summary judgment. Ronald E. Johnson (Ronald) was a South Dakota State Penitentiary correctional officer murdered by two inmates during an escape attempt. Johnson sued the Department of Corrections...

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