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MOUNT v. CITY OF VERMILLION

No. 11699.

250 N.W.2d 686 (1977)

Harvey MOUNT, Jr., Plaintiff and Appellant, v. CITY OF VERMILLION, a Municipal Corporation, Defendant and Respondent.

Supreme Court of South Dakota.

Reassigned January 6, 1977.

Decided February 17, 1977.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Vermillion, for plaintiff and appellant.

William P. Fuller and Timothy J. Nimick of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and respondent.

DUNN, Chief Justice (on reassignment).

This action was instituted to recover $165,000 in damages for personal injuries incurred in a Vermillion city park. After considering depositions presented to it, the First Judicial Circuit Court granted summary judgment for defendant city, ruling that plaintiff had not complied with the sixty-day notice requirement of SDCL 9-24-2.1

Plaintiff appeals that order. We reverse. On the evening...

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