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SCHAEFER v. SIOUX SPINE AND SPORT, PROF.

28214.

906 N.W.2d 427 (2018)

2018 S.D. 5

Kathy A. SCHAEFER, Plaintiff and Appellant, v. SIOUX SPINE AND SPORT, PROF. LLC, Defendant, and Nathan J. Flanders, Defendant, Third-Party Plaintiff, and Appellee, v. Herbert Tollefson, Third-Party Defendant and Appellee.

Supreme Court of South Dakota.

Opinion Filed January 10, 2018.

Attorney(s) appearing for the Case

JAMI J. BISHOP , RONALD A. PARSONS, JR. , A. RUSSELL JANKLOW , SARA E. SHOW of Johnson Janklow & Abdallah, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

MELANIE L. CARPENTER of Woods, Fuller, Shultz & Smith, PC, Sioux Falls, South Dakota Attorneys for defendant, third party plaintiff, and appellee Nathan Flanders.

HEIDI N. THOENNES of American Family Insurance, Legal Department, West Des Moines, IA, Attorney for third party defendant and appellee Herbert Tollefson.

[¶ 1.] Kathy A. Schaefer filed an action against Nathan J. Flanders alleging negligence. The circuit court granted summary judgment in favor of Flanders on the basis of a release signed by Schaefer. Schaefer argues there are genuine issues of material fact as to whether her consent to the release was based on mistake...

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