Clausen v. Aberdeen Grain Inspection, Inc.

ANDERSON, LEE D., Circuit Judge

(concurring in result in part and dissenting in part).

[¶ 31.] I respectfully dissent as to Issue 1. I concur in the result reached by the majority on Issue 2, and I concur on Issue 3 with the majority’s holding that the prevailing parties should be allowed to recover costs and disbursements.

[¶ 32.] 1. Duty of care AGI owed to Clausen.

[¶ 33.] Upon the filing of a summary judgment motion, the non-moving party must present specific facts showing that a genuine, material issue of fact exists. Benson v. Goble, 1999 SD 38, ¶ 9, 593 N.W.2d 402. Because Mrs. Clausen…