The
SD Supreme Court handed down one decision this morning, holding inter alia:
- Tort claim against
landlord for injuries by dog fails
Summary
follows:
BURGI
v. EAST WINDS COURT, INC., 2022 S.D. 6: This
is an action for injuries inflicted on a child by a pit bull when the child
sought to retrieve an errant basketball which wandered into the zone of the
dog’s leashed confinement. The facts and
disposition in this matter are summarized in the opening paragraph of the
opinion, as follows:
[¶1.] Teresa Burgi’s
minor son, K.B., was attacked by a neighbor’s dog near their home in a trailer
court owned by her landlord. Teresa commenced this action against the landlord,
alleging two negligence theories and a breach of contract claim. The circuit
court granted the landlord’s motion for summary judgment on each claim. Teresa
appeals the court’s decision solely as to her general negligence claim. We
affirm.
This
ruling is unanimous (5-0) with the Court’s opinion authored by Justice
Salter.
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
