ALBERS v. KUPER

No. 18166.

518 N.W.2d 745 (1994)

Sharon A. ALBERS, Plaintiff and Appellant, v. Myron KUPER and Ruth Kuper, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 29, 1994.


Attorney(s) appearing for the Case

David M. Buechler, Parker, and Robert A. Christenson of Christenson, Wilka, Haugen & Kirby Sioux Falls, for appellant.

Michael J. Schaffer of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellees.


AMUNDSON, Justice.

Sharon Albers appeals from a verdict and judgment for Myron and Ruth Kuper on Albers' claim for injuries from a dog/bicycle accident. We reverse and remand.

FACTS

At approximately 9:00 p.m. on August 23, 1989, Myron and Ruth Kuper (Kupers) sat on the back step of their house enjoying the evening. Their cocker spaniel, Toots, was in the backyard with them.

As darkness approached, Sharon Albers (Albers), Kupers' next door...

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