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MYEARS v. CHARLES MIX COUNTY

No. 19793.

566 N.W.2d 470 (1997)

1997 SD 89

Ernest MYEARS and Tracy Myears, Plaintiffs, v. CHARLES MIX COUNTY, South Dakota, Defendant and Appellee, and Richard Hilleren, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided July 16, 1997.

Attorney(s) appearing for the Case

Michael L. Luce, Melissa C. Hinton of Davenport, Evans, Hurwitz & Smith, L.L.P., Sioux Falls, Paul T. Barnett of Siegel, Barnett & Schutz, L.L.P., Sioux Falls, for Defendant and Appellee.

Douglas J. Muirhead, Mark A. Bloomquist of Meagher & Geer, P.L.L.P., Minneapolis, for Intervenor and Appellant.

KONENKAMP, Justice.

[¶ 1.] Before suing a public entity, written notice must be given to certain officials within 180 days of injury. Ernest Myears failed to advise the requisite public officers before he sued Charles Mix County. Nonetheless, within the mandatory period, Myears notified the county engineer, who in turn informed other county officials, and a claims adjuster investigated. Will substantial compliance satisfy statutory notice requirements? We answer...

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