Selchert v. Lien

POSHEIM, Chief Justice.

Kathleen Selchert (Selchert), individually and as administratrix of the estate of her deceased husband, Virgil Selchert (decedent), appeals from an Order dismissing her complaint against Birch-Miller Post No. 9 American Legion Department of South Dakota (licensee) and Steven Lien (Lien), the licensee’s employee. We reverse and remand.

For the purposes of deciding a motion to dismiss, the court must treat as true all facts properly pleaded in the complaint. It does not admit conclusions of the pleader either of fact or law. Akron Savings Bank v. Charlson, 83 S.D. 251, 158…