COOPER v. BROWNELL

No. 28559-a.

923 N.W.2d 821 (2019)

2019 S.D. 10

Robert COOPER, Plaintiff and Appellant, v. Andrew Cory BROWNELL and Jason Utecht, Defendants and Appellees.

Supreme Court of South Dakota.

Opinion Filed February 6, 2019.


Attorney(s) appearing for the Case

DAVE L. CLAGGETT of Claggett & Dill, Prof. LLC, Attorneys for plaintiff Spearfish, South Dakota and appellant.

HEATHER LAMMERS BOGARD of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP, Attorneys for defendant and Rapid City, South Dakota appellee Andrew Cory Brownell.

JEFFERY D. COLLINS of Lynn, Jackson, Shultz, & Lebrun, P.C., Attorneys for defendant and Rapid City, South Dakota appellee Jason Utecht.


[¶ 1.] In this personal injury action following a car accident, plaintiff Robert Cooper obtained default judgments against defendants Jason Utecht and Andrew Brownell. Thereafter, Defendants filed a motion to set aside the default judgments, which the circuit court granted. Defendants later moved for summary judgment, arguing that Cooper...

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