MATTER OF CERTIFICATION OF QUESTION OF LAW

#29649.

981 N.W.2d 325 (2022)

2022 S.D. 60

In the MATTER OF the CERTIFICATION OF a QUESTION OF LAW FROM the UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH DAKOTA, SOUTHERN DIVISION, Pursuant to the Provisions of SDCL 15-24A-1, and Concerning Federal Action Civ. 4:21-cv-04034-LLP, Titled as Follows: Barbara Hermanek-Peck, in her capacity as Personal Representative of the Estate of Richard Hermanek, Plaintiff, v. Richard Spry and Susan Spry, Defendant.

Supreme Court of South Dakota.

OPINION FILED October 12, 2022.


Attorney(s) appearing for the Case

JEFFREY L. BRATKIEWICZ , KATHRYN J. HOSKINS , of Bangs, McCullen, Butler, Foye & Simmons, LLP, Sioux Falls, South Dakota, SARAH BARON HOUY , of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for defendants.

REECE M. ALMOND , ANTHONY M. HOHN , ALAYNA A. HOLMSTOM , of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff.


[¶1.] In this case, we consider three certified questions from the United States District Court for the District of South Dakota,1 all relating to rights and remedies available to the estate of a vulnerable adult for conduct alleged to have been committed during the vulnerable adult's life. In essence...

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