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BLAND v. DAVISON COUNTY

No. 19538.

566 N.W.2d 452 (1997)

1997 SD 92

Arpie BLAND and Kenneth Bland, Plaintiffs and Appellants, v. DAVISON COUNTY, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned May 13, 1997.

Decided July 16, 1997.

Attorney(s) appearing for the Case

William F. Day, Jr. of Lynn, Jackson, Shultz and Lebrun and N. Dean Nasser, Jr. of Nassre Law Offices, Sioux Falls, for Plaintiffs and Appellants.

Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry Sioux Falls, for Defendant and Appellee.

GILBERTSON, Justice (on reassignment).

[¶ 1.] In Bland v. Davison County, 507 N.W.2d 80 (S.D.1993) we rejected the contention that Davison County, in the maintenance of icy roads, had absolute discretion and held rather that it was charged with the duty of "reasonable and ordinary care." Upon retrial, the jury found that the County fulfilled this obligation and decided in favor of the County. Arpie Bland appeals this...

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