Englund v. Vital

WILBUR, Justice.

[¶ 1.] Twelve-year-old K.V. threw a softball-size rock that struck nine-year-old G.E. in the head. The parties disagree whether the incident was an accident or intentional. The incident occurred near the intersection of three backyards in Hartford, South Dakota. One backyard belonged to the rental home of K.V.’s par*625ents, the Vitals; the second belonged to G.E.’s parents, the Englunds; and the third belonged to the Vitals’ landlord, Robert Smith. Smith owned his own home, as well as the home next door, which the Vitals rented. Following the accident, the Englunds brought suit,…