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PETTRY v. RAPID CITY AREA SCHOOL DIST.

No. 21669.

630 N.W.2d 705 (2001)

2001 SD 88

Ann PETTRY, Plaintiff and Appellant, v. RAPID CITY AREA SCHOOL DISTRICT, Linda Hanson and Gerald Kammerer, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 3, 2001.

Attorney(s) appearing for the Case

Michael J. Simpson of Groves, Julius & Simpson, Rapid City, SD, Attorneys for plaintiff and appellant.

Karla Engle of Tieszen Law Office, Pierre, SD, Attorneys for defendants and appellees.

MILLER, Chief Justice.

[¶ 1.] In this appeal, we hold that the circuit court erred in granting a summary judgment to the Rapid City Area School District and two of its maintenance workers (collectively referred to as "the District") on the grounds of assumption of the risk, in an action claiming negligent maintenance of a parking area at the District's Canyon Lake Elementary School. We reverse and remand.

FACTS

[¶ 2.] Pettry's son had attended...

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