Robinson v. Ewalt
Annotate this CaseJill Robinson and Chelsey Ewalt were involved in a car accident. Robinson sued Ewalt and attempted service of process a few days before the three-year statute of limitations expired, but Ewalt could not be located. Ewalt was eventually served almost one month after the statute of limitations had expired. The circuit court granted Ewalt's motion for summary judgment, finding that the statute of limitations barred Robinson's claim. The Supreme Court reversed, holding (1) a factual question about where Ewalt resided was material because it would determine whether the statute of limitations barred Robinson's claim under S.D. Codified Laws 15-2-31 or whether a sixty-day extension period applied; and (2) because a material question of fact remained, the circuit court's granting of summary judgment was improper. Remanded.
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