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Hedel-Ostrowski v. City of Spearfish

679 N.W.2d 491 (2004)

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Hedel-Ostrowski v. City of Spearfish

South Dakota Supreme Court

679 N.W.2d 491 (2004)

Facts

On September 18, 1999, Dawn Hedel-Ostrowski (plaintiff) visited a public park in the City of Spearfish (City) (defendant) with her children. A swing Hedel-Ostrowski was using broke; her resulting fall caused nerve damage. On September 12, 2002, Hedel-Ostrowski sued the City for negligence and filed claims against Miracle Recreation Company, Playpower, Inc., and Cameron Holdings Corp. (defendants). On November 7, 2002, Hedel-Ostrowski moved to amend her complaint to add a nuisance count against the City and negligence and nuisance claims against an additional defendant, Keith Hepper (defendant), who headed the City’s parks and recreation department. The City moved for summary judgment, contending that the negligence claim against it and both claims against Hepper were barred by the statute of limitations. The City further argued that the nuisance claim against it should be dismissed for failure to state a claim. The trial court granted summary judgment to the City and Hepper. Hedel-Ostrowski appealed.

Rule of Law

Issue

Holding and Reasoning (Meierhenry, J.)

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