McMillin v. Mueller

ENG, Circuit Judge.

[¶ 1.] Roger McMillin and Duane Hei-nert were employees at Mueller Feed Mill, Inc., located outside of Martin, South Dakota. On September 10, 2002, Roger and Duane died while cleaning an underground storage tank containing molasses used to *219mix and flavor livestock feed. Dale McMillin, as personal representative of the estate of Roger McMillin, and Rolan Hei-nert, as special administrator of the estate of Duane Heinert (collectively estates) brought a tort claim against Frank and Fred Mueller individually and Mueller Feed Mill, Inc. (Mill). Defendants moved for summary…