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HALL v. CITY OF WATERTOWN EX REL. POLICE

No. 21851.

636 N.W.2d 686 (2001)

2001 SD 137

Paulette HALL and Donald Williams, Plaintiffs and Appellees, v. CITY OF WATERTOWN, by and through the City of Watertown Police Department, and Shane Smith, individually and in his capacity as a Police Officer for the City of Watertown, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 14, 2001.

Rehearing Denied December 14, 2001.

Attorney(s) appearing for the Case

David R. Gienapp of Arneson, Issenhuth & Gienapp, Madison, SD, Attorneys for plaintiffs and appellees.

Roy A. Wise of Richardson, Groseclose, Wyly, Wise & Sauck, Aberdeen, SD, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] We granted intermediate appeal to decide whether the statute conferring immunity for injuries caused by escapees and persons resisting arrest overrides the statute waiving immunity to the extent of liability coverage. Although the circuit court prematurely concluded that one statute trumped the other, it reached the right result in finding a waiver of immunity. We affirm.

Background

[¶ 2.] Officer Shane Smith...

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