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FODNESS v. CITY OF SIOUX FALLS

#28965.

947 N.W.2d 619 (2020)

2020 S.D. 43

Emily FODNESS, Christine Fodness and Michael Fodness, Plaintiffs and Appellants, v. CITY OF SIOUX FALLS, Defendant and Appellee.

Supreme Court of South Dakota.

OPINION FILED July 29, 2020.

Attorney(s) appearing for the Case

DANIEL R. FRITZ , TIMOTHY R. RAHN of Ballard Spahr LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

JAMES E. MOORE , ALEXIS A. WARNER of Woods Fuller Shultz & Smith P.C., Sioux Falls, South Dakota, Attorneys for defendant and appellee.

[¶1.] Emily Fodness suffered extensive injuries when her apartment collapsed after a contractor demolished certain portions of a load-bearing wall. Emily and her parents brought a negligence action against the City of Sioux Falls (the City) for issuing a building permit for the project. The City moved to dismiss, arguing that...

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