Legal Opinion

Smith v. Lagow Construction & Developing Co.

South Dakota Supreme Court

Decided March 13, 2002No. 21530PublishedCited by 22 opinions

1Opinion of the CourtKonenkamp, Justice

(on reassignment).

[¶ 1.] A tenant was murdered when hired killers used a key to enter her apartment. Shortly before her death, she told two apartment employees that one of her keys was missing. According to her mother, the tenant also asked to have her lock changed. Landlord policy prohibited tenants from changing their own locks and required a fee to change them. When the tenant’s estate sued, the circuit court granted summary judgment, ruling that under these facts landlords owe no duty of protection to their tenants. We reverse because there are genuine issues of material fact, and…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  3. Rowe v. State Bank of LombardIllinois Supreme Court · 1988
  4. Pickering v. PickeringSouth Dakota Supreme Court · 1989
  5. Braitman v. Overlook Terrace Corp.Supreme Court of New Jersey · 1975

13 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Janis v. Nash Finch Co.South Dakota Supreme Court · 2010
  2. Hendrix v. SchulteSouth Dakota Supreme Court · 2007
  3. Braun v. New Hope TownshipSouth Dakota Supreme Court · 2002
  4. State Auto Insurance Companies v. B.N.C.South Dakota Supreme Court · 2005
  5. Johnson v. Hayman & Associates, Inc.South Dakota Supreme Court · 2015

17 more not listed; retrieve them via the Exa API.

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