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HAGEMANN v. NJS ENGINEERING, INC.

No. 21732.

632 N.W.2d 840 (2001)

2001 SD 102

Kelli HAGEMANN, as Special Administratrix of the Estate of Chad Hagemann, deceased, and Jason Sims, Plaintiffs, v. NJS ENGINEERING, INC., Defendant, and Lawrence County, a political subdivision of the state of South Dakota, the Lawrence County Highway Department, and Charles Williams, Lawrence County Highway Superintendent, Defendants, Third Party Complainants and Appellants, v. Jason Sims, Third Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 8, 2001.

Attorney(s) appearing for the Case

Daniel E. Ashmore, Jennifer K. Trucano of Gunderson, Palmer, Goodsell and Nelson, Rapid City, SD, Attorneys for appellee Jason Sims.

Thomas E. Brady, Spearfish, SD, Attorney for appellants.

AMUNDSON, Justice.

[¶ 1.] The County of Lawrence (County) appeals the trial court's dismissal of County's third-party complaint pursuant to SDCL 15-6-12(b). We affirm.

FACTS

[¶ 2.] On June 24, 1999, Chad Hagemann and Jason Sims, co-employees of Alpha Omega Company, were travelling east on Lawrence County road number 664. Sims was driving a company vehicle as Hagemann was a passenger. While crossing a wooden bridge, a plank somehow lodged...

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