MERRILL v. BIRHANZEL

No. 13320.

310 N.W.2d 522 (1981)

Kerwin MERRILL, by Larry Merrill, his Guardian Ad Litem, Plaintiff and Appellant, v. Thomas BIRHANZEL, William Biehl and Pierre School District No.32-2, Defendants and Appellees.

Supreme Court of South Dakota.

Decided September 23, 1981.


Attorney(s) appearing for the Case

James Robbennolt of Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, for plaintiff and appellant.

Robert D. Hofer of Riter, Mayer, Hofer & Riter, Pierre, for defendants and appellees.


FOSHEIM, Justice.

Appellant sustained an injury at school on November 15, 1976. The sole issue involves the summary judgment which was granted on the basis of sovereign immunity. We affirm.

Appellant participated in a physical education wrestling class which was required by the school curriculum. During the course of the wrestling match, appellant was thrown to the ground and his left ankle was broken. When the injury occurred, this particular wrestling match...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases