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WALTHER v. KPKA MEADOWLANDS LTD. PARTNER.

Nos. 20204, 20222, 20227 and 20229.

581 N.W.2d 527 (1998)

1998 SD 78

Melissa WALTHER, Plaintiff and Appellant, v. KPKA MEADOWLANDS LIMITED PARTNERSHIP, a District of Columbia limited partnership; KP Realty Holdings, Inc., a New York corporation; Lloyd's Component, Inc., a Minnesota corporation; Norman Altman, general partner in KPKA Meadowlands Limited Partnership; Dimension Management, Inc., a South Dakota corporation; City Of Sioux Falls, S.D., a municipality; Frank Arnett, individually and in his official capacity; John and Jane Does in their individual and official capacity, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 15, 1998.

Attorney(s) appearing for the Case

Robert L. Morris and Michael C. Loos of Quinn, Eiseland, Day & Barker, Belle Fourche, and Jeanne Kelly, Sioux Falls, for plaintiff and appellant.

Richard J. Helsper of Helsper and Rasmussen, Brookings, for appellees KPKA Meadowlands, KP Realty Holdings, Lloyd's Component and Altman.

Gary J. Pashby and Lisa Hansen Marso of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for appellee Dimension Management.

Gary P. Thimsen and Melanie L. Carpenter of Woods, Fuller, Shultz & Smith, Sioux Falls, for appellee Frank Arnett.

R. Shawn Tornow, Chief Assistant City Attorney, Sioux Falls, for appellees City of Sioux Falls and John and Jane Does.

MILLER, Chief Justice.

¶ Melissa Walther was viciously raped and stabbed by her former boyfriend Ricky Sieler, who is currently serving a lengthy prison term for rape and attempted murder. She subsequently filed a lawsuit against the City of Sioux Falls and Police Officer Frank Arnett, alleging negligence and violations of 42 U.S.C. § 1983. She also alleged negligence and breach of the implied warranty of habitability against the owners and managers of her...

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