Mitchell v. Ankney

(specially concurring).

In registering my concurrence herein, reference is made to my dissent in Mortenson v. Braley, 349 N.W.2d 444, 446 (S.D.1984).

In said dissent, I set forth Restatement (Second) of Torts § 343 (1965), and quoted as follows:

A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he(a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and(b) should expect that they will not discover or realize the…