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LOESCH v. CITY OF HURON

No. 23922.

723 N.W.2d 694 (2006)

2006 SD 93

Collin LOESCH, Plaintiff and Appellant, v. The CITY OF HURON, A Municipal Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 25, 2006.

Attorney(s) appearing for the Case

Beverly J. Katz of Katz Law Office, Huron, South Dakota, Attorney for plaintiff and appellant.

Robert B. Anderson of May, Adam, Gerdes and Thompson, Pierre, South Dakota, Attorneys for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] Collin Loesch (Loesch) brought suit against the City of Huron (City) after he was injured on a city street while riding his bicycle. The City brought a motion for judgment on the pleadings claiming that Loesch had failed to file suit within the two year statute of limitations in SDCL 9-24-5. Loesch claimed that SDCL 3-21-2, which requires an injured party to give notice to a city, and SDCL...

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