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PATITUCCI v. CITY OF HILL CITY

No. 26516.

836 N.W.2d 623 (2013)

2013 S.D. 62

Edna F. PATITUCCI and Anthony J. Patitucci, Plaintiffs and Appellants, v. CITY OF HILL CITY and Granite Sports, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 14, 2013.

Attorney(s) appearing for the Case

Jon J. Lafleur of Abourezk & Zephier, PC, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Kyle L. Wiese , James S. Nelson of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee City of Hill City.

Jeffrey R. Connolly , J. Crisman Palmer of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee Granite Sports, Inc.

ZINTER, Justice.

[¶ 1.] Edna Patitucci was injured while walking on a sidewalk abutting Granite Sports, Inc. (Granite Sports), a sporting goods store in Hill City (City). The sidewalk also abutted a state/federal highway, which is the City's main street. Edna and her husband sued the City and Granite Sports for negligence. The circuit court granted summary judgment for both defendants, ruling that neither owed a duty of care relating to the sidewalk. Patituccis...

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