Poppen v. Walker

As is evident, this appeal springs from the trial court’s grant of summary judgment. The seminal case on appellate review of summary judgment decisions is Wilson v. Great Northern Ry. Co., 83 S.D. 207, 211, 157 N.W.2d 19, 21 (1968), wherein this court stated:

Summary judgment is a comparatively new procedure in this state and became a part of our practice when we adopted the federal rules of civil procedure with a few minor variations. Consequently we turn to the federal court decisions for guidance in their application and interpretation. In an opinion rendered shortly after the adoption of…