Legal Opinion

Howard v. Bennett

South Dakota Supreme Court

Decided April 19, 2017No. 27851PublishedCited by 6 opinions

1Opinion of the CourtZinter, Justice

[¶1.] Raymond Bennett failed to negotiate a curve on a highway, drove his motorcycle off the road, and was killed. The Highway Patrol arrived and secured the scene. Approximately an hour and a half later, Douglas Howard rounded the same curve and encountered a vehicle that had come to a complete stop in his lane of travel. Howard applied his brakes, lost control of his motorcycle, and sustained injuries. He later sued Bennett’s estate (the Estate), contending that Bennett’s negligence in the first accident created a dangerous condition that caused Howard’s injuries in the second accident. The…

2Cases cited18 opinions

  1. Hamilton v. SommersSouth Dakota Supreme Court · 2014
  2. Braun v. New Hope TownshipSouth Dakota Supreme Court · 2002
  3. Holmes v. Wegman Oil Co.South Dakota Supreme Court · 1992
  4. Rumbolz v. WipfSouth Dakota Supreme Court · 1966
  5. Krumvieda v. HammondSouth Dakota Supreme Court · 1947

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3Cited by6 opinions

  1. Garrido v. Team Auto Sales, Inc.South Dakota Supreme Court · 2018
  2. Brown v. HaupertDistrict Court, D. South Dakota · 2022
  3. Kenderdine v. Roslyn ElevatorDistrict Court, D. South Dakota · 2022
  4. Long v. State of S.D.South Dakota Supreme Court · 2017
  5. Long v. State of S.D.South Dakota Supreme Court · 2017

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

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