Moeller v. State

I agree that this court has jurisdiction over this appeal but would hold that Moel-ler’s claim is clearly barred by SDCL 21-32-2, which states: “Action on any claim on contract or tort against the state shall be commenced within one year after same has arisen.” (Emphasis added.) In the absence of fraud, continuing treatment or representation, South Dakota recognizes the occurrence rule, not the discovery rule. Kurylas, Inc. v. Bradsky, 452 N.W.2d 111, 114-15 (S.D.1990); Schoenrock v. Tappe, 419 N.W.2d 197, 199-200 (S.D.1988); Wells v. Billars, 391 N.W.2d 668, 672-73 (S.D.1986) (Morgan, J.,…