Mount v. City of Vermillion

(on reassignment).

This action was instituted to recover $165,000 in damages for personal injuries incurred in a Vermillion city park. After considering depositions presented to it, the First Judicial Circuit Court granted summary judgment for defendant city, ruling that plaintiff had not complied with the sixty-day notice requirement of SDCL 9-24-2.1 Plaintiff appeals that order. We reverse.

On the evening of April 23,1974, plaintiff was using a swing in the Lyons Park in Vermillion when a part of the chain or seat fastener slipped or broke. Plaintiff fell, landing first on his tailbone and…