White Eagle v. City of Fort Pierre

STEELE, Circuit Judge.

[¶ 1.] The trial court denied City of Fort Pierre’s (City) amended motion to dismiss, concluding that service of process on City was effective because there was substantial compliance with the requirements of SDCL 15 — 6—4(d). This Court granted City’s petition for allowance of an intermediate appeal. We reverse.

FACTS

[¶ 2.] Darrell Thomas White Eagle died on or about June 26, 1995. Daron White Eagle, (White Eagle) as Special Administrator for his father’s estate, filed a summons and complaint in circuit court dated June 19, 1997. The complaint named as defendants City,…