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FRITZ v. HOWARD TP.

No. 19935.

570 N.W.2d 240 (1997)

1997 SD 122

Dorothy R. FRITZ and Gordon Fritz, Plaintiffs and Appellants, v. HOWARD TOWNSHIP and Howard Township Board of Township Supervisors, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 29, 1997.

Attorney(s) appearing for the Case

Gary W. Conklin of Galland Legal Clinic, Sioux Falls, for plaintiffs and appellants.

Douglas M. Deibert of Cadwell Sanford Deibert & Garry, Sioux Falls, for defendants and appellees.

SABERS, Justice.

[¶ 1.] Summary judgment was granted to Township in personal injury action brought by motorist injured on unmarked, unguarded, washed-out township road. The trial court ruled that 1) Township met its duty by posting a warning sign, and 2) unless Township had actual knowledge that the sign was missing, it owed no further duty to the plaintiff. We reverse and remand for trial.

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