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LEIGHTON v. BENNETT

28626.

926 N.W.2d 465 (2019)

2019 S.D. 19

Julie A. LEIGHTON, Plaintiff and Appellant, v. Herbert C. BENNETT, Defendant and Appellee.

Supreme Court of South Dakota.

OPINION FILED April 3, 2019.

Attorney(s) appearing for the Case

ELLIE M. VANDENBERG , Volga, South Dakota, Attorney for plaintiff and appellant.

WILLIAM C. GARRY , MELISSA R. JELEN of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

[¶1.] Julie Leighton commenced a personal injury action against Herbert Bennett for injuries she claims to have sustained in a car accident. Bennett died during the pendency of the action, and his defense counsel served notice of his death on Leighton. After Leighton failed to move to substitute Bennett's estate or personal...

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