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TAMMEN v. TRONVOLD

#29114 #29138.

965 N.W.2d 161 (2021)

2021 S.D. 56

Lisa A. TAMMEN, Plaintiff and Appellant, and Randall R. Jurgens, Plaintiff, v. Gerrit A. TRONVOLD, an individual, Defendant, and City of Pierre, a South Dakota Municipal Corporation, and Pierre Volunteer Fire Department, a South Dakota nonprofit corporation, jointly and severally, Defendants and Appellees. Lisa A. Tammen, Plaintiff, and Randall R. Jurgens, Plaintiff and Appellant, v. Gerrit A. Tronvold, an individual, Defendant, and City of Pierre, a South Dakota Municipal Corporation, and Pierre Volunteer Fire Department, a South Dakota nonprofit corporation, jointly and severally, Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED September 22, 2021.

Attorney(s) appearing for the Case

MARK W. HAIGH , EDWIN E. EVANS , TYLER W. HAIGH of Evans, Haigh & Hinton, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant Lisa A. Tammen.

JOHN R. HUGHES , STUART J. HUGHES of Hughes Law Offices, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant Randall R. Jurgens.

ROBERT B. ANDERSON , DOUGLAS A. ABRAHAM of May, Adam, Gerdes and Thompson, LLP, Pierre, South Dakota, Attorneys for defendant and appellee City of Pierre.

MICHAEL L. LUCE , DANA VAN BEEK PALMER of Lynn, Jackson, Shultz, & Lebrun, P.C., Sioux Falls, South Dakota, Attorneys for defendant and appellee Pierre Volunteer Fire Department.

[¶1.] Lisa A. Tammen and Randall R. Jurgens (Plaintiffs) appeal the circuit court's order granting summary judgment to defendants City of Pierre (City) and Pierre Volunteer Fire Department (PVFD). The court granted summary judgment because it concluded that Gerrit A. Tronvold, an on-call volunteer member of the PVFD, was not...

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