Legal Opinion

Kern v. City of Sioux Falls

South Dakota Supreme Court

Decided February 26, 1997No. NonePublishedCited by 24 opinions

1Opinion of the Court

SABERS, Justice.

[¶ 1] Two persons injured on a City-owned bike trail brought an action against the City. City was granted summary judgment on the basis of the Recreational Use Statutes. We affirm.

FACTS

[¶ 2] Paul Kern and Mary Lou Schramm (Kern) were rollerskating on the bike trail in Kuehn Park in Sioux Falls on March 19, 1994. Both parties were injured when they tripped and fell over an uneven section of the trail. 1 They sued the City, claiming it was negligent in its maintenance and in failing to warn users of defects in the trail.

[¶ 3] City was granted summary judgment pursuant to South…

2Cases cited11 opinions

  1. State, Department of Revenue v. ThiewesSouth Dakota Supreme Court · 1989
  2. Sharp v. SharpSouth Dakota Supreme Court · 1988
  3. Walz v. Fireman's Fund Insurance Co.South Dakota Supreme Court · 1996
  4. Lamp v. First National Bank of GarretsonSouth Dakota Supreme Court · 1993
  5. Miller v. City of DaytonOhio Supreme Court · 1989

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

3Cited by24 opinions

  1. Spenner v. CITY OF SIOUX FALLS, SOUTH DAKOTASouth Dakota Supreme Court · 1998
  2. Prairie Lakes Health Care System, Inc. v. WookeySouth Dakota Supreme Court · 1998
  3. Rumpza v. Donalar Enterprises, Inc.South Dakota Supreme Court · 1998
  4. State v. Springer-ErtlSouth Dakota Supreme Court · 1997
  5. In Re Estate of HolanSouth Dakota Supreme Court · 2001

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API