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FOSTER-NASER v. AURORA COUNTY

No. 27370.

874 N.W.2d 505 (2016)

2016 S.D. 6

Lynn FOSTER-NASER, Individually and as Special Administrator of the Estate of Travis J. Naser, Plaintiff and Appellant, v. AURORA COUNTY, South Dakota, Defendant and Appellee, and Douglas County, South Dakota, Defendant.

Supreme Court of South Dakota.

Decided January 27, 2016.

Attorney(s) appearing for the Case

George F. Johnson , Stephanie E. Pochop of Johnson Pochop & Bartling, Gregory, South Dakota, Attorneys for plaintiff and appellant.

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

[¶ 1.] In this negligence case, the circuit court granted the county summary judgment. It found that no duty existed between the county and the plaintiff as a matter of law. The plaintiff appeals asserting a material issue of fact is in dispute whether the county owed the plaintiff a duty. We affirm.

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