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CASHMAN v. VAN DYKE

No. 26062.

815 N.W.2d 308 (2012)

2012 S.D. 43

Marguerite CASHMAN, Plaintiff and Appellant, v. Darrick VAN DYKE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 30, 2012.

Attorney(s) appearing for the Case

Casey N. Bridgman , Wessington Springs, South Dakota, Attorney for plaintiff and appellant.

Richard L. Travis , Lindsay K. Edwards of May & Johnson, PC, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] Sometime after he lit his pilot light, Darrick Van Dyke's home burned down from a propane explosion. The fire spread, destroying Marguerite Cashman's home next door. Cashman brought suit against Van Dyke, alleging negligence, strict liability, and res ipsa loquitur. On Van Dyke's motion for summary judgment, the circuit court ruled that Cashman failed to present any evidence that Van Dyke acted negligently, that lighting a pilot light...

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