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NIELSON v. AT & T CORP.

No. 20613.

597 N.W.2d 434 (1999)

1999 SD 99

Gregg R. NIELSON, personal representative of the estate of Karyn L. Nielson; and Judith L. Nielson, Plaintiffs and Appellants, v. AT & T CORP.; AT & T Corp., d/b/a AT & T Federal Systems; Lucent Technologies, Inc.; and Charles E. Davis, individually and d/b/a Midwestern Ditching, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 28, 1999.

Attorney(s) appearing for the Case

Veronica L. Bowen of Bangs, McCullen, Butler, Foye & Simmons, L.L.P., Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Thomas G. Fritz of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, South Dakota, Attorney for defendants and appellees, AT & T Lucent.

Alan Epstein and Thomas R. Dolven of Hall & Evans, LLP, Denver, Colorado, Attorneys for defendants and appellees AT & T.

Frank A. Bettmann of Finch Bettmann & Maks, P.C., Rapid City, South Dakota, Attorneys for defendants and appellee Davis.

SABERS, Justice

[¶ 1.] Gregg Nielson, father, personal representative of the Estate of Karyn Nielson, and Judith Nielson, mother, (Nielson) sued defendants alleging: 1) a claim for the wrongful death of their daughter, Karyn; 2) a survival claim on behalf of Karyn for the emotional fright and distress that she suffered in the moments before her death; and 3) a claim for negligent infliction of emotional distress on behalf of Judith for witnessing Karyn's death...

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