Oien v. City of Sioux Falls

MORGAN, Justice.

This appeal arises from a personal injury action initiated by plaintiff Kay Oien (Oien), as Guardian Ad Litem for her four-year-old child, Casie Oien (Casie), against the defendant City of Sioux Falls (City). City filed a motion for summary judgment on grounds that SDCL 9-38-55 and SDCL 9-38-105 immunized it from liability under the facts of this case. The trial court found that SDCL 9-38-551 and SDCL 9-*28838-1052 afforded City municipal immunity and granted City’s motion for summary judgment. Oien appeals and we reverse and remand.

City employees chemically treated the water in a…