Legal Opinion · Dissent
Tipton v. Town of Tabor
South Dakota Supreme Court
Decided July 23, 1997No. 19631Published
1DissentSabers, Justice
[¶ 45] Genuine issues of material fact regarding the exceptions to the public duty doctrine permeate this case and the trial court should have allowed it 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 *368judgment was improperly granted and we should reverse.
[¶ 46] 1. THERE ARE GENUINE ISSUES OF MATERIAL FACT WHETHER DEFENDANTS HAD…
2Cases cited41 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Cracraft v. City of St. Louis ParkSupreme Court of Minnesota · 1979
- Uccello v. LaudenslayerCalifornia Court of Appeal · 1975
- Wytupeck v. City of CamdenSupreme Court of New Jersey · 1957
- State, Department of Revenue v. ThiewesSouth Dakota Supreme Court · 1989
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