TOBEN v. JESKE

Nos. 23852, 23859.

718 N.W.2d 32 (2006)

2006 SD 57

Carl TOBEN, Plaintiff and Appellant, v. Douglas & Charlene JESKE, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 28, 2006.


Attorney(s) appearing for the Case

Kelly Stricherz of Kettering Law Office, Yankton, SD, for plaintiff and appellant.

Acie W. Matthews, Sioux Falls, SD, for defendants and appellees.


KONENKAMP, Justice.

[¶ 1.] Plaintiff commenced this personal injury action three years after he was injured by a horse owned by his employers. Although the circuit court denied a motion to dismiss on the statute of limitations defense, it granted summary judgment on the ground that the Equine Activities Act exempted the employer defendants from liability. On appeal, plaintiff asserts that the court erred in granting summary judgment because genuine issues of...

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