ROWLAND v. LOG CABIN, INC.

No. 22257.

658 N.W.2d 76 (2003)

2003 SD 20

Ronald ROWLAND, Plaintiff and Appellant, v. LOG CABIN, INC., Defendant and Appellee, Dennis T. Howard, Victoria L. Howard and Dennis Howard, Jr., Defendants.

Supreme Court of South Dakota.

Decided February 19, 2003.


Attorney(s) appearing for the Case

Grant G. Alvine of Alvine Law Office, Sioux Falls, South Dakota, attorneys for plaintiff and appellant.

Gary P. Thimsen and Jennifer L. Wollman of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, attorneys for defendant and appellee.


WILBUR, Circuit Judge.

[¶ 1.] Ronald Rowland (Rowland) appeals the trial court's grant of summary judgment in favor of Log Cabin, Inc. (Log Cabin). We reverse and remand.

FACTS

[¶ 2.] On January 7, 2001, Rowland was at the Log Cabin bar in Sioux Falls. Rowland had been drinking throughout the evening and was under the influence of alcohol. The same evening, Dennis Howard, Sr., (Howard) was also...

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