TIPTON v. TOWN OF TABOR

No. 18869.

538 N.W.2d 783 (1995)

Daniel G. TIPTON, Conservator of the Estate of Crystal R. Tipton, a Minor; Daniel G. Tipton, Conservator of the Estate of Daniel E. Tipton, a Minor; Daniel G. Tipton, Individually, and Lisa M. Tipton, Plaintiffs and Appellants, v. TOWN OF TABOR, South Dakota and Bon Homme County, South Dakota and their Officers, Agents and Employees; N.L. Mach; Leonard Cimpl; Donald Fejfar; Donald Koranda; Alvin Sternhagen; Doris F. Muller; Eugene Sutera and Lyle O'Donnell, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned July 12, 1995.

Decided October 18, 1995.


Attorney(s) appearing for the Case

Gerald L. Reade of Brady & Reade, Yankton, for plaintiffs and appellants.

John Simko and Tim R. Shattuck of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendants and appellees Town of Tabor, Mach, Cimpl, Fejfar, Koranda, Sternhagen, Muller and Sutera.

Douglas M. Deibert of Cadwell, Sanford & Deibert, Sioux Falls, for defendants and appellees Bon Homme County and O'Donnell.


MILLER, Chief Justice (on reassignment).

Daniel G. Tipton, his wife Lisa Tipton, and two of their children sued the Town of Tabor and Bon Homme County for damages incurred when one of the Tipton children was mauled by wolf-dog hybrids owned by a private individual. The circuit court granted summary judgment to the defendants on the issue of liability. Tiptons appeal. We reverse and remand.

FACTS

Kenneth...

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