Nielson v. AT & T CORP.

[¶ 1.] Gregg Nielson, father, personal representative of the Estate of Karyn Nielson, and Judith Nielson, mother, (Niel-son) sued defendants alleging: 1) a claim for the wrongful death of their daughter, Karyn; 2) a survival claim on behalf of Karyn for the emotional fright and distress that she suffered in the moments before her death; and 3) a claim for negligent infliction of emotional distress on behalf of Judith for witnessing Karyn’s death. The trial court granted summary judgment that Nielson’s claims were barred by South Dakota’s Equine Activities Act (SDCL Ch 42-11). We reverse and…