Godbe v. City Of Rapid City
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The Supreme Court affirmed the summary judgment entered by the circuit court in favor of Defendant, Rapid City, and dismissing Plaintiff's complaint for negligence, holding that there was no error in the proceedings below.
Plaintiff was riding her bicycle near the curb on a street in Rapid City when when her front tire fell through a storm drain grate she was riding over (grate four), causing her to crash and suffer a spinal cord injury. Plaintiff filed a complaint alleging that the City was negligent for failing to repair a modified and subsequently damaged grate four. The circuit court granted the City's motion for summary judgment. The Supreme Court affirmed, holding (1) Plaintiff failed to present any evidence to show that grate four was in a damaged condition on the day of her accident; and (2) S.D. Codified Laws 31-32-10 does not provide a remedy against a governmental entity for known dangerous design defects on a highway or street.
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