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IN RE ESTATE OF WATSON

No. 22662.

673 N.W.2d 60 (2003)

2003 SD 142

ESTATE OF Brian E. WATSON.

Supreme Court of South Dakota.

Decided December 10, 2003.

Attorney(s) appearing for the Case

Robert A. Haivala of Haivala Law Firm, Sturgis, South Dakota, Attorney for appellant, Calvin Watson.

Veronica L. Duffy of Duffy & Duffy, Rapid City, South Dakota, Attorney for appellee, Estate of Brian E. Watson.

GILBERTSON, Chief Justice.

[¶ 1.] On September 18, 2001, Brian Watson (Brian) was killed when a vehicle struck him while he was helping a motorist change a tire by the side of the road. Eventually, Brian's estate reached a wrongful death settlement with the driver of the vehicle involved in the accident. Upon petition of Joan Watson (Joan), Brian's mother, a circuit court undertook the task of equitably dividing the settlement between Joan and Calvin Watson ...

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