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WEISSER v. JACKSON TP.

No. 25067.

767 N.W.2d 888 (2009)

2009 SD 43

Kelly WEISSER and Carla Weisser, as guardians ad litem for Kelby R. Weisser, a minor, Plaintiffs, v. JACKSON TOWNSHIP OF CHARLES MIX COUNTY, a political subdivision of the State of South Dakota, Defendant and Appellee, and Leo Teply, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 10, 2009.

Attorney(s) appearing for the Case

Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry LLP, Sioux Falls, South Dakota, Attorneys for appellee Township.

Larry M. Von Wald, Ted L. McBride of Beardsley, Jensen and Von Wald, Prof LLC, Rapid City, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶1.] Kelly and Carla Weisser, as guardians ad litem for their sixteen-year-old son Kelby Weisser, brought a personal injury action against Jackson Township and Leo Teply. The action arose out of Kelby's injuries sustained in a one-vehicle accident involving a fallen tree on a township road adjacent to Teply's property. Teply cross-claimed against Township, alleging that Township was responsible for the road's maintenance. The circuit court ...

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