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THEUNISSEN v. BRISKY

No. 16184.

438 N.W.2d 221 (1989)

Doraine THEUNISSEN, Administratrix of the Estate of William T. Theunissen, Deceased, Plaintiff and Appellant, v. John Teen BRISKY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 29, 1989.

Attorney(s) appearing for the Case

Raymond M. Schutz and Philo Hall of Siegel, Barnett & Schutz, Aberdeen, for plaintiff and appellant.

Kennith L. Gosch of Bantz, Gosch, Cremer, Peterson & Oliver, Aberdeen, for defendant and appellee.

MORGAN, Justice.

Doraine Theunissen (Theunissen), Administratrix of the Estate of William T. Theunissen (decedent), appeals from a partial summary judgment entered by the trial court against her in her action seeking damages against John Teen Brisky (Brisky) for wrongful death arising from a collision. We reverse.

Briefly the background facts are as follows. On December 20, 1983, shortly after 11:00 a.m., Brisky, the driver of a semi truck collided with the...

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