Syrstad v. Syrstad
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The Supreme Court reversed the judgment of the circuit court dismissing Plaintiff's complaint against her father-in-law (Defendant) alleging child sex abuse, holding that the circuit court erred in granting summary judgment.
Because Plaintiff filed her amended complaint more than three years after she discovered or reasonably should have discovered her injury and its cause, the circuit court granted Defendant's motion for summary judgment and dismissed the child sex abuse claim as untimely under S.D. Codified Laws 26-10-25. The Supreme Court reversed, holding that Defendant did not presumptively establish that Plaintiff instituted her child sex abuse action beyond the limitation period in section 26-10-25.
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