Clausen v. Aberdeen Grain Inspection, Inc.

GILBERTSON, Justice (on reassignment).

[¶ 1.] David Clausen (Clausen) died as a result of injuries he sustained after falling from the top of a railcar from which he was sampling grain. His wife, Marlys Clausen (Mrs. Clausen), brought a negligence action against Aberdeen Grain Inspection, Inc. (AGI), the grain inspection company that contracted with Clausen and South Dakota Wheatgrowers Association (Wheatgrowers), the owner of the grain elevator where the railcars were located. The trial court granted summary judgment to AGI and Wheatgrowers and denied their' motion for taxation of costs. Mrs.…