Legal Opinion · Dissent
Gleason v. Peters
South Dakota Supreme Court
Decided August 13, 1997No. NonePublished
1DissentSabers, Justice
[¶ 29.] There are genuine issues of material fact concerning the exceptions to the public duty doctrine and the trial court should have allowed this case to go to a jury. “The burden of proof is upon the movant to show clearly that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law.” State Dep’t of Revenue v. Thiewes, 448 N.W.2d 1, 2 (S.D.1989) (citation omitted). Since the defendants did not meet their burden, summary judgment was improperly granted and we should reverse.
[¶ 30.] 1. THERE ARE GENUINE ISSUES OF MATERIAL FACT WHETHER DEFENDANTS HAD…
2Cases cited32 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Alabama v. WhiteSupreme Court of the United States · 1990
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Cracraft v. City of St. Louis ParkSupreme Court of Minnesota · 1979
- Wytupeck v. City of CamdenSupreme Court of New Jersey · 1957
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