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BRAUN v. NEW HOPE TP.

Nos. 22097, 22137.

646 N.W.2d 737 (2002)

2002 SD 67

Larry BRAUN, Plaintiff and Appellant, v. NEW HOPE TOWNSHIP, a political subdivision of the County of Brown, State of South Dakota, Defendant and Appellee, and T-Lakota Acres, Inc., a corporation, Defendant and Appellee, v. Scott Rozell, Third-Party Defendant and Appellee. Larry Braun, Plaintiff and Appellee, v. New Hope Township, a political subdivision of the County of Brown, State of South Dakota, Defendant and Appellant, and T-Lakota Acres, Inc., a corporation, Defendant and Appellee, v. Scott Rozell, Third-Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 5, 2002.

Attorney(s) appearing for the Case

Thomas P. Tonner of Tonner, Tobin and King, Aberdeen, for plaintiff Braun.

Greg L. Peterson of Bantz, Gosch, Cremer, Peterson & Sommers, Aberdeen, for defendant New Hope Township.

Chester A. Groseclose of Richardson, Groseclose, Wyly, Wise & Sauck, Aberdeen, for defendant T-Lakota Acres.

Richard L. Russman of Rice, Ewinger & Russman, Aberdeen, for defendant Rozell.

ZINTER, Justice.

[¶ 1.] Plaintiff Larry Braun (Braun) and defendant New Hope Township (Township) appeal from the trial court's order granting summary judgment in favor of defendants T-Lakota Acres, Inc. (T-Lakota) and Scott Rozell (Rozell). T-Lakota and Rozell were allegedly negligent in either removing or failing to properly reinstall a township-road sign that warned of a washout. Township reinstalled the warning sign after T-Lakota's and Rozell's alleged negligence...

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