Fischer v. City of Sioux FallsAnnotate this Case
The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of the City of Sioux Falls on Plaintiff’s complaint for negligence, holding that there was not a genuine issue of material fact as to whether the City’s conduct amounted to gross negligence or willful or wanton misconduct.
Plaintiff was seriously injured while riding a bicycle through a public park in the City. Plaintiff sued the City for negligence. The circuit court concluded that the City was immune from liability for such negligence claims and granted summary judgment based on S.D. Codified Laws 20-9-20 and -21, which immunize a municipality for liability for negligence in connection with land open to the public for recreational use. On appeal, Defendant argued that there remained a question of fact as to whether the City was liable for his injury due to the City’s gross negligence or willful or wanton misconduct. The Supreme Court disagreed, holding that Plaintiff could not survive summary judgment when he simply alleged negligence as a cause of action and that Plaintiff failed to provide sufficient probative evidence that would permit a fining of willful or wanton misconduct on more than mere speculation or conjecture.