DAVIES v. GPHC, LLC

#29688.

980 N.W.2d 251 (2022)

2022 S.D. 55

Kevin DAVIES, Plaintiff and Appellant, v. GPHC, LLC, Defendant, Third-Party Plaintiff, and Appellee, v. Michelle L. Wilson and Jay M. Black, Third-Party Defendants.

Supreme Court of South Dakota.

Opinion Filed September 14, 2022.


Attorney(s) appearing for the Case

DAVID J. KING , KIRK D. RALLIS of King Law Firm, P.C., Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

PAUL H. LINDE of Schaffer Law Office, Prof. LLC, Sioux Falls, South Dakota, Attorneys for defendant, third-party plaintiff, and appellee.


[¶1.] As he attempted to enter his apartment, Kevin Davies was bitten by a dog owned by another tenant. Davies commenced this action against his landlord, GPHC, LLC (GPHC), alleging general negligence and negligence per se. The circuit court granted GPHC's summary judgment motion, concluding that GPHC lacked actual knowledge...

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