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SCHWARTZ v. PALACHUK

No. 20735.

597 N.W.2d 442 (1999)

1999 SD 100

Paul SCHWARTZ, Plaintiff and Appellant, v. Jay Michael PALACHUK and Future Fast Freight, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 28, 1999.

Attorney(s) appearing for the Case

Glenn J. Boomsma of Breit Law Offices Sioux Falls, South Dakota and John P. Abbott of Abbott Law Offices, Brandon, South Dakota, Attorneys for plaintiff and appellant.

Michael L. Luce and Dana M. Van Beek of Davenport, Evans, Hurwitz and Smith, Sioux Falls, Attorneys for defendants and appellees.

GILBERTSON, Justice

[¶ 1.] Personal injury claimant appeals the denial of his motion to set aside the judgment of dismissal for failure to comply with discovery and lack of prosecution. We affirm.

FACTS

[¶ 2.] On April 28, 1996, an auto accident occurred on Interstate 29 near Baltic, South Dakota. A semi-trailer truck owned by Future Fast Freight, Inc. of Canada and driven by Jay Michael Palachuk...

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