Sandra Fredericks v. John D. Elliot

I respectfully dissent. I would find that the plaintiff has substantially complied with the service of process under the South Dakota statute. There exists no rational basis to deny plaintiff her day in court simply because her attorney mailed the notice of service to the Secretary of State at the same time he notified the defendant. The defendant was provided with proper notification of the claim and the court in which he was sued. It constitutes a complete miscarriage of justice to deny plaintiff her day in court on an alleged technical violation of the statute.

Although the majority is…