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SMITH EX REL. ROSS v. LAGOW CONST.

No. 21530.

642 N.W.2d 187 (2002)

2002 SD 37

Sherry K. SMITH, as personal representative of Mary K. ROSS and as guardian of Kristian K. Ross, Plaintiff and Appellant, v. LAGOW CONSTRUCTION & DEVELOPING COMPANY and Lloyd Property Management Company, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned August 10, 2001.

Reassigned November 9, 2001.

Decided March 13, 2002.

Attorney(s) appearing for the Case

Robert L. Morris of Day, Morris & Schreiber, Belle Fourche, South Dakota, John W. Burke of Barker, Wilson, Reynolds & Burke, Belle Fourche, South Dakota, Attorneys for plaintiff and appellant.

Richard J. Helsper, Victoria M. Duehr of Glover, Helsper & Rasmussen, Brookings, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice (on reassignment).

[¶ 1.] A tenant was murdered when hired killers used a key to enter her apartment. Shortly before her death, she told two apartment employees that one of her keys was missing. According to her mother, the tenant also asked to have her lock changed. Landlord policy prohibited tenants from changing their own locks and required a fee to change them. When the tenant's estate sued, the circuit court granted summary judgment, ruling...

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