Legal Opinion

Merrill Ex Rel. Merrill v. Birhanzel

South Dakota Supreme Court

Decided September 23, 1981No. 13320PublishedCited by 36 opinions

1Opinion of the Court

FOSHEIM, Justice.

Appellant sustained an injury at school on November 15, 1976. The sole issue involves the summary judgment which was granted on the basis of sovereign immunity. We affirm.

Appellant participated in a physical education wrestling class which was required by the school curriculum. During the course of the wrestling match, appellant was thrown to the ground and his left ankle was broken. When the injury occurred, this particular wrestling match was being officiated by a classmate, and the class was being supervised by defendant Birhanzel, an instructor. The defendant Biehl, a…

2Cases cited9 opinions

  1. High-Grade Oil Co., Inc. v. SommerSouth Dakota Supreme Court · 1980
  2. Conway v. HumbertSouth Dakota Supreme Court · 1966
  3. Jensen v. JuulSouth Dakota Supreme Court · 1938
  4. Jerauld County v. Saint Paul-Mercury Indemnity Co.South Dakota Supreme Court · 1955
  5. Plumbing Supply Co. v. Board of EducationSouth Dakota Supreme Court · 1913

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3Cited by36 opinions

  1. Bego v. GordonSouth Dakota Supreme Court · 1987
  2. Arcon Construction Co. v. South Dakota Cement PlantSouth Dakota Supreme Court · 1984
  3. National Bank of South Dakota v. LeirSouth Dakota Supreme Court · 1982
  4. Kruger v. WilsonSouth Dakota Supreme Court · 1982
  5. Gasper v. FreidelSouth Dakota Supreme Court · 1990

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

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