Legal Opinion

Brude v. Breen

South Dakota Supreme Court

Decided August 2, 2017No. 28064PublishedCited by 2 opinions

1Opinion of the CourtSeverson, Justice

[¶1.] Suzanne Brude brought suit against Shane Breen, doing business as Yellow Jacket Irrigation and Landscaping (Yellow Jacket), for negligence in constructing a retaining wall from which Brude suffered- an injury. Yellow Jacket moved for summary judgment, asserting that the claim was barred by the statute of repose. The circuit-court granted summary judgment in favor of Yellow Jacket. Brude appeals, asserting that the court erred because the ten-year limitation in the statute of repose had not expired, We reverse and remand.

Background

[¶2.] In 2005, Yellow Jacket Irrigation and Landscaping…

2Cases cited10 opinions

  1. CTS Corp. v. WaldburgerSupreme Court of the United States · 2014
  2. Bordeaux v. Shannon County SchoolsSouth Dakota Supreme Court · 2005
  3. Behrens v. WedmoreSouth Dakota Supreme Court · 2005
  4. Conway v. ConwaySouth Dakota Supreme Court · 1992
  5. Pitt-Hart v. Sanford USD Medical CenterSouth Dakota Supreme Court · 2016

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3Cited by2 opinions

  1. S.D. Wheat Growers Ass'n v. Chief Indus., Inc.United States District Court · 2018
  2. South Dakota Wheat Growers Association v. Chief Industries, Inc.District Court, D. South Dakota · 2018

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