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HOHM v. CITY OF RAPID CITY

No. 24105.

753 N.W.2d 895 (2008)

2008 SD 65

Dean HOHM and Jean Hohm, as Guardians ad Litem and Conservators for Adam Hohm, Plaintiffs and Appellees, v. CITY OF RAPID CITY, a Municipal Corporation, Defendant, Third Party Plaintiff and Appellant, v. Charissa J. Hitchcock, Third Party Defendant.

Supreme Court of South Dakota.

Decided July 16, 2008.

Attorney(s) appearing for the Case

Steven J. Oberg, Thomas G. Fritz, Catherine M. Sabers, Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, for plaintiffs and appellees.

John K. Nooney, Thomas, Nooney, Braun, Solay & Bernard, LLP, Rapid City, for defendant, third party plaintiff and appellant.

ZINTER, Justice.

[¶ 1.] This case arises out of a one-car accident in a city park in Rapid City, South Dakota (the City). Adam Hohm (Adam) was severely injured when the car in which he was a passenger skidded off a street in the park and landed upside down in a nearby canal. Adam's parents, Dean and Jean Hohm (Hohms), acting as Adam's guardians and conservators, brought suit against the City alleging breach of various duties relating to streets. The City filed...

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