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LOCKE v. GELLHAUS

No. 25278.

778 N.W.2d 594 (2010)

2010 SD 11

Bryan LOCKE, Benji Locke, Plaintiffs and Appellants v. Lonald L. GELLHAUS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 3, 2010.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr., Scott A. Abdallah of Johnson, Heidepriem, Abdallah & Johnson, LLP, Sioux Falls, South Dakota and Mark W. McNeary, Aberdeen, South Dakota, for plaintiffs and appellants.

Roy A. Wise, Zachery W. Peterson of Richardson, Wyly, Wise, Sauck, & Hieb, LLP, Aberdeen, South Dakota, for defendant and appellee.

ZINTER, Justice.

[¶ 1.] A pedestrian was injured when a concrete-filled metal grate in a city sidewalk collapsed. The grate covered a no longer used excavation that was originally a stairwell to the basement of an abutting building. The pedestrian and his wife sued the current building owner for negligence and loss of consortium. The circuit court granted summary judgment in favor of the building owner. The court concluded that because the city sidewalk had been...

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