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OIEN v. CITY OF SIOUX FALLS

No. 14763.

393 N.W.2d 286 (1986)

Kay L. OIEN, as Guardian Ad Litem for her Minor Child, Casie Oien, Plaintiff and Appellant, v. The CITY OF SIOUX FALLS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 10, 1986.

Rehearing Denied October 16, 1986.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen & Wilka, Sioux Falls, (Karen E. Schreier of Hagen & Wilka, Sioux Falls, on the brief) for plaintiff and appellant.

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

MORGAN, Justice.

This appeal arises from a personal injury action initiated by plaintiff Kay Oien (Oien), as Guardian Ad Litem for her four-year-old child, Casie Oien (Casie), against the defendant City of Sioux Falls (City). City filed a motion for summary judgment on grounds that SDCL 9-38-55 and SDCL 9-38-105 immunized it from liability under the facts of this case. The trial court found that SDCL 9-38-551 and SDCL 9-38-105

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