Legal Opinion

Locke v. GELLHAUS

South Dakota Supreme Court

Decided February 3, 2010No. 25278PublishedCited by 3 opinions

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] A pedestrian was injured when a concrete-filled metal grate in a city sidewalk collapsed. The grate covered a no longer used excavation that was originally a stairwell to the basement of an abutting building. The pedestrian and his wife sued the current building owner for negligence and loss of consortium. The circuit court granted summary judgment in favor of the building owner. The court concluded that because the city sidewalk had been rebuilt by the building owner at the direction of the city in accordance with city specifications, the city rather than the building…

2Cases cited20 opinions

  1. Balsam v. Delma Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1988
  2. Kaufman v. SilverNew York Court of Appeals · 1997
  3. Kirlin v. HalversonSouth Dakota Supreme Court · 2008
  4. Herron v. City of YoungstownOhio Supreme Court · 1940
  5. Minott v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by3 opinions

  1. Ridley v. Sioux Empire Pit Bull Rescue, Inc.South Dakota Supreme Court · 2019
  2. Ridley v. Sioux Empire Pit Bull RescueSouth Dakota Supreme Court · 2019
  3. Patitucci v. City of Hill City & Granite Sports Inc.South Dakota Supreme Court · 2013

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