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ESTATE OF TROBAUGH v. FARMERS INS. EXCH.

Nos. 21032, 21203 and 21355.

623 N.W.2d 497 (2001)

2001 SD 37

The ESTATE OF Douglas Leroy TROBAUGH, Deceased, By and Through Kendra TROBAUGH, Personal Representative of the Estate, Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant and Appellee. The Estate of Douglas Leroy Trobaugh, Deceased, By and Through Kendra Trobaugh, Personal Representative of the Estate, Plaintiff and Appellant, v. Michael Thomas Sylvester, Thomas H. Juffer, and Jefferson Township, a political subdivision of Union County, South Dakota, Defendants and Appellees. The Estate of Douglas Leroy Trobaugh, Deceased, By and Through Kendra Trobaugh, Personal Representative of the Estate, Plaintiff and Appellant, v. Amy Sylvester, Defendant and Appellee.

Supreme Court of South Dakota.

Considered on Briefs March 21, 2000.

Considered on Briefs September 19, 2000.

Decided March 21, 2001.

Rehearing Denied May 1, 2001.

Attorney(s) appearing for the Case

Michael J. McGill, Beresford, for plaintiff and appellant.

Kristine L. Kreiter of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendants and appellees.

Nos. 21032, 21203 Considered on Briefs March 21, 2000.

No. 21355 Considered on Briefs September 19, 2000.

KERN, Circuit Court Judge.

[¶ 1.] Estate of Trobaugh (Estate) filed three separate suits seeking damages resulting from Douglas Trobaugh's (Trobaugh) death in an automobile accident.

APPEAL # 21302

[¶ 2.] The first suit against Farmers Insurance Exchange (Farmers) sought a declaration that the driver of the car, Mike...

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