Estes v. Lonbaken

[¶ 12.] If we are going to overrule our precedent, we ought to say so explicitly. In a case plaintiff relies on, Kreager v. Blomstrom Oil Co., this Court held that “the determination of a venue motion must be made from the allegations of plaintiffs *612complaint; no other pleading is relevant to the issue.” 298 N.W.2d 519, 520 (S.D.1980) (citation omitted). Today, to thwart artfully drafted complaints, the Court rules: “we now hold that courts making proper venue determinations are not limited to only examining the complaint.” I agree.

[¶ 13.] This common sense holding comports with rulings in…