Gakin v. City of Rapid City

[¶ 37.] I generally concur. However, I concur in result on Issue 1 because of the Court’s conclusion that “no fiduciary relationship existed” between this public cemetery and the family of the person buried there. See supra ¶ 20. Contrary to the Court’s opinion, a fiduciary relationship may exist. However, I would not reach the fiduciary relationship issue. I would not reach it because the parties have not adequately briefed the issue, and even if a fiduciary relationship existed, the parents’ actual knowledge of their cause of action precluded their use of fraudulent concealment to toll the…