Fisher Sand & Gravel Co. v. State Ex Rel. South Dakota Department of Transportation

[¶ 25.] The jury was properly instructed on Fisher’s negligence claims, and the evidence supported the negligence verdict. Even if we assume the majority’s contrary conclusion is correct, we should remand for a new trial on all issues except negligence.

[¶26.] 1. The jury was properly instructed on Fisher’s negligence claims.

[¶27.] Actions against the State and the DOT are authorized by statute. SDCL 31-2-34 provides, in relevant part:

The state of South Dakota may be sued and made a defendant in any court in which an action is brought against the South Dakota department of transportation…