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ZAHRBOCK v. STAR BRITE INN MOTEL

No. 25263.

788 N.W.2d 822 (2010)

2010 S.D. 73

Eleshia ZAHRBOCK, Peyton Gerry and Justin Zahrbock, Plaintiffs, Jonette Anson, Appellant, v. STAR BRITE INN MOTEL, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 8, 2010.

Attorney(s) appearing for the Case

Manuel J. de Castro, Jr. , De Castro Law Offices, PLLC, and Nichole Carper , Sioux Falls, South Dakota, Attorneys for appellant, Jonette Anson.

Daniel R. Fritz , Dana Van Beek Palmer of Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, South Dakota, Attorneys for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Jonette Anson (Anson) failed to file a personal injury claim within the three-year statute of limitations. The circuit court denied her motion to extend the statute of limitations under the doctrine of equitable tolling. We affirm.

FACTS

[¶ 2.] On December 23, 2004, Eleshia Zahrbock, Peyton Gerry, Justin Zahrbock, and Anson were guests at the Star Brite Inn ...

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