Justia Animal / Dog Law Opinion SummariesArticles Posted in South Dakota Supreme Court
Burgi v. East Winds Court, Inc.
The Supreme Court affirmed the decision of the circuit court granting Landlord's motion for summary judgment on each claim brought by Tenant, holding that the circuit court did not err.Tenant's minor son was attacked by a neighbor's dog near her home in Landlord's trailer court. Tenant brought this action against Landlord alleging two negligence theories and a breach of contract claim. The circuit court concluded that Landlord owed no legal duty to the child and, in any event, had no knowledge of the dog's alleged dangerous propensities. The Supreme Court affirmed, holding that the dog's attack on the child was not actionable as to Landlord because there was no duty that would subject it to liability. View "Burgi v. East Winds Court, Inc." on Justia Law
City Of Onida v. Brandt
The Supreme Court affirmed the order of the circuit court directing the Sully County sheriff to euthanize two dogs owned by Appellants as "vicious animals" under S.D. Codified Laws 7-12-29, holding that the circuit court did not err.Appellants dogs attacked another dog, which died a few days later from internal injuries and complications fraud an infection caused by the attack. The City of Onida filed a petition for declaratory judgment requesting that Appellants' dogs be determined vicious animals under a city ordinance and, alternatively, sought a determination of dangerousness under section 7-12-29 and requested an order allowing the Sheriff to dispose of the dogs. The circuit court concluded that the City could not require the dogs to be euthanized under the ordnance but found that the dogs were dangerous under the statute and authorized the Sheriff to dispose of the dogs. The Supreme Court affirmed, holding that any error on the part of the circuit court in failing to require consultation with the Department of Health as part of its formal determination of dangerousness was harmless. View "City Of Onida v. Brandt" on Justia Law
Ridley v. Sioux Empire Pit Bull Rescue, Inc.
The Supreme Court affirmed the judgment of the circuit court granting summary judgment for Sioux Empire Pit Bull Rescue, Inc. (SEPR), Susan Tribble-Zacher and Harry Podhradsky on Darlette Ridley's personal injury complaint, holding that SEPR, Zacher and Podhradksy did not breach their duty of reasonable care toward Ridley.Ridley was attacked and injured by a pit bull type dog while walking in a state campground. The dog belonged to SEPR and was in the care of Zacher and Podhradsky at their campsite. Ridley sued SEPR, Zacher and Podhradsky for her injuries. The circuit court granted summary judgment for the defendants, concluding that there was no evidence showing a lack of reasonable care on the defendants' part. The Supreme Court affirmed, holding that there was no indication that it was foreseeable that the dog would have attacked Ridley, and therefore, there was insufficient evidence for a jury to find that the defendants breached their standard duty of care toward Ridley. View "Ridley v. Sioux Empire Pit Bull Rescue, Inc." on Justia Law