Salzer v. Barff

KONENKAMP, Justice.

[¶ 1.] In responding to an emergency call, a police officer ran a red light and struck plaintiffs vehicle. Plaintiff brought suit against the officer for negligence. Granting summary judgment for the officer, the circuit court ruled that the limitation period expired under SDCL 9-24-5, which requires a negligence action against a “municipality” to be brought within two years. The court concluded that although the statute makes no mention of municipal employees, the term “municipality” includes employees. Because the plain language of the limitations statute does not include…