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CROMWELL v. RAPID CITY POLICE DEPT.

No. 21582.

632 N.W.2d 20 (2001)

2001 SD 100

Christopher CROMWELL, Plaintiff and Appellee, v. RAPID CITY POLICE DEPARTMENT; City of Rapid City; and Michael W. Lang, in His Official Capacity as an Officer of the Rapid City Police Department, Defendants, Third-Party Plaintiffs and Appellants, v. Steven B. Purchase, Third-Party Defendant.

Supreme Court of South Dakota.

Decided July 25, 2001.

Attorney(s) appearing for the Case

John S. Dorsey, Whiting, Hagg & Hagg, Rapid City, for plaintiff and appellee.

James S. Nelson and David E. Lust, Gunderson, Palmer, Goodsell & Nelson, Rapid City, for defendants and appellants.

LOVRIEN, Circuit Judge

[¶ 1.] The City of Rapid City and Officer Michael W. Lang appeal the trial court's denial of their motion for summary judgment based upon claims of sovereign immunity under SDCL 21-32A 1. We affirm.

FACTS AND PROCEDURE

[¶ 2.] On August 1, 1997, Christopher Cromwell, was injured when a car driven by Steven B. Purchase of Rapid City, broadsided his vehicle. Purchase was intoxicated at the time of the crash and was being...

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