THOMPSON v. SUMMERS

No. 19940.

567 N.W.2d 387 (1997)

1997 SD 103

Marvin THOMPSON, Plaintiff and Appellant, v. Charles SUMMERS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 13, 1997.


Attorney(s) appearing for the Case

Dave L. Claggett of Claggett & Madsen, Spearfish, for plaintff and appellant.

Donald A. Porter of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for defendant and appellee.


SABERS, Justice.

[¶ 1.] Personal injury action was dismissed for failure to state a claim upon which relief could be granted. We reverse.

FACTS

[¶ 2.] On September 4, 1993, Charles Summers was piloting a hot air balloon in an instructional flight over Rapid City, accompanied by flight student Matt McCormick. At about 8:25 a.m., Summers attempted to land the balloon in a public recreational area of Rapid City's flood plain known as the ...

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