Legal Opinion

Foster-Naser v. Aurora County

South Dakota Supreme Court

Decided January 27, 2016No. 27370PublishedCited by 8 opinions

1Opinion of the Court

WILBUR, Justice.

[¶ 1.] In this negligence case, the circuit court granted the county summary judgment. It found that no duty existed between the county and the plaintiff as a matter of law. The plaintiff appeals asserting a material issue of fact is in dispute whether the county owed the plaintiff a duty. We affirm.

Background

[¶2.] On September 30, 2010, Travis Naser died in a one-vehicle accident while he was the passenger in a vehicle being driven by Lowell Langstraat. The accident occurred after Langstraat drove off the road because he failed to negotiate a “T” intersection at a dead-end…

2Cases cited10 opinions

  1. Chem-Age Industries, Inc. v. GloverSouth Dakota Supreme Court · 2002
  2. Bordeaux v. Shannon County SchoolsSouth Dakota Supreme Court · 2005
  3. Hamilton v. SommersSouth Dakota Supreme Court · 2014
  4. Fisher v. KahlerSouth Dakota Supreme Court · 2002
  5. First American Bank & Trust, N.A. v. Farmers State Bank of CantonSouth Dakota Supreme Court · 2008

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3Cited by8 opinions

  1. Godbe v. City of Rapid CitySouth Dakota Supreme Court · 2022
  2. Estate of TankSouth Dakota Supreme Court · 2020
  3. Inst. of Range & the Am. Mustang v. Nature ConservancySouth Dakota Supreme Court · 2018
  4. Red Bear v. SESDAC, Inc.South Dakota Supreme Court · 2017
  5. Domson, Inc. v. Kadrmas Lee & Jackson, Inc.South Dakota Supreme Court · 2018

3 more not listed; retrieve them via the Exa API.

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