Brude v. Breen

The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of Defendant on Plaintiff’s claim alleging negligence in constructing a retaining wall from which Plaintiff suffered an injury. The circuit court granted summary judgment in favor of Defendant on the grounds that the statutory time period to bring a claim had expired because the retaining wall had been substantially completed more than ten years prior to the commencement of this action. See S.D. Codified Laws 15-2A-3. The Supreme Court disagreed, holding that section 15-2A-3 did not bar the claim at issue because Plaintiff met her burden to set forth material facts to avoid application of the statute. View "Brude v. Breen" on Justia Law