RUANE v. MURRAY

No. 14741.

380 N.W.2d 362 (1986)

Carole J. RUANE v. Arnold MURRAY

Supreme Court of South Dakota.

Decided January 22, 1986.


Attorney(s) appearing for the Case

James J. Janousek of Dorothy Law Firm, P.C., Sioux Falls, for plaintiff and appellant.

Sidney B. Strange of Strange & Strange, Sioux Falls, for defendant and appellee.


MORGAN, Justice.

Plaintiff Carole Ruane (Carole) appeals from a summary judgment entered in favor of defendant Arnold Murray (Murray) on Count II of the complaint. We reverse and remand.

Carole filed this action alleging as Count II outrageous conduct. In essence, she claims: (1) that Murray had sexual intercourse with her knowing she has psychological problems, and that Murray knew or should have known that Carole was unable to resist his advances; (2) that...

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