Simmons v. City of Sioux Falls

HOYT, Circuit Judge.

This is a negligence action for personal injury and property damage caused when a tree being cut down by the Sioux Falls City Park Department struck a passing car. Plaintiffs Flora Simmons and Jerry Engel-hart were the occupants of the car and were injured when the tree landed on the car. John Simmons, Flora’s husband, sues for negligent injury to his spouse. Defendant is the City of Sioux Falls. The Sioux Falls Park Superintendent and several park department employees at the scene of the accident were sued individually but were dismissed at the close of plaintiff’s case.

Th…