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GEHRTS v. BATTEEN

No. 21456.

620 N.W.2d 775 (2001)

2001 SD 10

Jessica Marie GEHRTS, Plaintiff and Appellant, v. Jon BATTEEN and Cindy Nielsen, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 17, 2001.

Attorney(s) appearing for the Case

Thomas M. Tobin of Tonner, Tobin and King, Aberdeen, South Dakota, Attorneys for plaintiff and appellant.

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

GILBERTSON, Justice

[¶ 1.] Gehrts was bitten by a St. Bernard owned by Nielsen. Gehrts sued Nielsen in strict liability and in negligence. The trial court granted summary judgment as to both claims. Gehrts appeals and we affirm.

FACTS AND PROCEDURE

[¶ 2.] On July 29, 1995, Cindy Nielsen (Nielsen) visited the home of Jessica Gehrts (Gehrts) to pick up a wreath made by Gehrts' mother. Nielsen had come directly from dog obedience school with...

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