The SD Supreme Court handed down one decision this morning, holding inter alia:
- Tort claim against
City of Rapid City denied
Summary
follows:
GODBE
v. CITY OF RAPID CITY, 2022 S.D. 1: This
lawsuit is described in the opening paragraph of the Court’s opinion:
[¶1.] Julie Godbe suffered
horrific injuries after her bicycle tire caught in a storm drain grate in Rapid City (City). Julie
and her husband David (Godbes) sued City
for negligence. The circuit court granted City’s motion for summary
judgment, determining Godbes failed to
generate a genuine issue of material fact showing that City breached its statutory duty under SDCL
31-32-10.
The
SD Supreme Court affirmed in a 4-1 ruling. The Court’s opinion is authored by
Chief Justice Jensen. Retired Chief
Justice Gilbertson participated in this decision which was orally argued on
November 18, 2020. Justice Kern
dissented.
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
