Robin McMACKEN, Plaintiff and Appellant,
v.
STATE of South Dakota, Defendant, and
Fritzel, Kroeger, Griffin & Berg, architects, Defendants and Appellees.
Supreme Court of South Dakota.https://leagle.com/images/logo.png
Argued October 1, 1981.
Decided May 26, 1982.
Rehearing Granted June 28, 1982.
Attorney(s) appearing for the Case
Helen Driscoll, Vermillion, for plaintiff and appellant.
Stanley E. Siegel of Siegel, Barnett & Schutz, Aberdeen, for amicus curiae South Dakota Trial Lawyers' Ass'n; David R. Vrooman, Sioux Falls, and Terry N. Prendergast of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, on brief.
Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellees Fritzel, Kroeger, Griffin & Berg; Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.
Supreme Court of South Dakota.
MORGAN, Justice.
In this appeal, appellant seeks to have us hold SDCL 15-2-9 unconstitutional.1 The South Dakota Code designates SDCL 15-2-9 as a "Limitation of action for deficiencies in construction of building." Essentially, the statute; (1) precludes any legal action for injuries proximately caused by deficiency in design, planning or construction of an improvement to real property brought against the designer, planner or constructor...
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