Legal Opinion
Gehrts v. Batteen
South Dakota Supreme Court
Decided January 17, 2001No. NonePublishedCited by 22 opinions
1Opinion of the CourtGilbertson, Justice
[¶ 1.] Gehrts was bitten by a St. Bernard owned by Nielsen. Gehrts sued Nielsen in strict liability and in negligence. The trial court granted summary judgment as to both claims. Gehrts appeals and we affirm.
FACTS AND PROCEDURE
[¶ 2.] On July 29, 1995, Cindy Nielsen (Nielsen) visited the home of Jessica Gehrts (Gehrts) to pick up a wreath made by Gehrts’ mother. Nielsen had come directly from dog obedience school with her eight-month-old dog, Wilbur, a St. Bernard. Wilbur was secured in the back of Nielsen’s pickup by a harness attached to a restraining device that had been installed in the…
2Cases cited9 opinions
- Bauman v. AuchSouth Dakota Supreme Court · 1995
- Holzer v. Dakota Speedway, Inc.South Dakota Supreme Court · 2000
- Strassburg v. Citizens State BankSouth Dakota Supreme Court · 1998
- Tipton v. Town of TaborSouth Dakota Supreme Court · 1997
- Hossenlopp Ex Rel. Hossenlopp v. CannonSupreme Court of South Carolina · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bertelsen v. Allstate Insurance Co.South Dakota Supreme Court · 2011
- Weitzel v. Sioux Valley Heart PartnersSouth Dakota Supreme Court · 2006
- Borns Ex Rel. Gannon v. VossWyoming Supreme Court · 2003
- Advanced Recycling Systems, LLC v. Southeast Properties Ltd. PartnershipSouth Dakota Supreme Court · 2010
- Blaha v. StuardSouth Dakota Supreme Court · 2002
17 more not listed; retrieve them via the Exa API.