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FLUTH v. SCHOENFELDER CONSTRUCTION, INC.

#28116, #28146.

917 N.W.2d 524 (2018)

2018 S.D. 65

Kayla FLUTH, Plaintiff and Appellant, v. SCHOENFELDER CONSTRUCTION, INC., Defendant, and Larry Weisser, Defendant and Appellee.

Supreme Court of South Dakota.

Opinion Filed August 29, 2018.

Rehearing Denied October 9, 2018.

Attorney(s) appearing for the Case

MICHAEL E. UNKE , Salem, South Dakota, Attorney for plaintiff and appellant.

DOUGLAS M. DEIBERT , MELISSA R. JELEN , Caldwell, Sanford, Deibert & Garry LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee, Larry Weisser.

[¶ 1.] Kayla Fluth sued Larry Weisser and Schoenfelder Construction, Inc., (Schoenfelder) to recover damages for flooding in her basement caused by a waterline leak on Weisser's property. Prior to trial, Schoenfelder made an offer of judgment for $7,500. Fluth accepted, Schoenfelder paid Fluth, and Fluth filed a satisfaction...

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