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TIPTON v. TOWN OF TABOR

No. 19631.

567 N.W.2d 351 (1997)

1997 SD 96

Daniel G. TIPTON, Conservator of the Estate of Crystal R. Tipton, A Minor; Daniel G. Tipton, Conservator of the Estate of Daniel E. Tipton, A Minor; Daniel G. Tipton, Individually, and Lisa M. Tipton, Plaintiffs and Appellants, v. TOWN OF TABOR, South Dakota and Bon Homme County, South Dakota and Their Officers, Agents and Employees; N.L. Mach; Leonard Cimpl; Donald Fejfar; Donald Koranda; Alvin Sternhagen; Doris F. Muller; Eugene Sutera and Lyle O'Donnell, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 23, 1997.

Rehearing Denied August 28, 1997.

Attorney(s) appearing for the Case

Gerald L. Reade of Brady & Reade, Yankton, for Plaintiffs and Appellants.

John Simko, Tim R. Shattuck of Woods, Fuller, Shultz & Smith, Sioux Falls, for Defendants and Appellees Town of Tabor, N.L. Mach, Leonard Cimpl, Donald Fejfar, Donald Koranda, Alvin Sternhagen, Doris F. Muller and Eugene Sutera.

Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry, Sioux Falls, for Defendants and Appellees Bon Homme County and Lyle O'Donnell.

KONENKAMP, Justice.

[¶ 1] We are again faced with the question whether city and county officials owed a "special duty" to protect four-year-old Crystal Tipton who was severely mauled when she strayed into an nearby yard and approached a cage holding two wolfdog hybrids. Following remand in the earlier appeal, the circuit court, applying our new standard, granted summary judgment, concluding as a matter of law no special duty affixed. Although existence of a special...

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