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E.P. v. RILEY

No. 20919.

604 N.W.2d 7 (1999)

1999 SD 163

E.P. and W.P., as Guardian Ad Litem for R.P., a Minor, Plaintiffs and Appellants, v. Deb RILEY, Doug Seim, Dawn Johnson, and Paula Pletsch, individually and in their capacities as Employees of the South Dakota Department of Social Services; John Does 3 - 5; and Michelle Lambert and Robert Lambert, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 29, 1999.

Rehearing Denied February 8, 2000.

Attorney(s) appearing for the Case

Michael F. Marlow and Sheila S. Woodward of Johnson, Heidepriem, Miner, Marlow & Janklow, Yankton, South Dakota and David R. Strait of Austin, Hinderaker, Hopper, Strait & Bratland, Watertown, South Dakota, Attorneys for plaintiffs and appellants.

Michael J. Schaffer and Dana M. Van Beek of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for defendants and appellees SDDSS and John Does.

Roy A. Wise of Richardson, Groseclose, Wyly, Wise & Sauck, Aberdeen, South Dakota, Attorneys for defendants and appellees Lamberts.

MILLER, Chief Justice.

[¶ 1.] In this opinion we clarify application of the public duty doctrine. In so doing, we hold that employees of the South Dakota Department of Social Services (DSS) owed a common law duty to protect a child from harm inflicted by a foster child with known dangerous propensities. We reverse summary judgment in favor of DSS employees because, under the immunity statute, genuine issues of material fact exist whether they acted in good faith...

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