Robinson v. Mitchell
2012 SD 1
| S.D. | 2012Background
- Robinson sued Ewalt and Mitchell for4 personal injury arising from a 2007 car crash in Yankton County; service attempted before the 3-year statute ran but Ewalt could not be located, and service occurred after expiration; Ewalt moved for summary judgment asserting the statute barred the claim; court granted summary judgment; appellate court reverses and remands for resolution of Ewalt’s usual residence issue; central question is whether SDCL 15-2-31’s 60-day extension applies based on Ewalt’s residence during the statutory period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SDCL 15-2-31 extension applies | Robinson alleges Ewalt’s Yankton County residence extended service window | Ewalt last/resided in Codington County; extension not applicable | Not decided; material factual issue retained on Ewalt’s residence |
| Whether there is a genuine issue of material fact on Ewalt’s usual residence | Residence was Yankton County due to address usage | Residence was Codington County; address usage not dispositive | Yes; factual dispute remains; summary judgment improper; remand for trial on residence issue |
Key Cases Cited
- Murray v. Mansheim, 2010 S.D. 18, 779 N.W.2d 379 (S.D. 2010) (statute of limitations burden shifting in summary judgment)
- Weitzel v. Sioux Valley Heart Partners, 2006 S.D. 45, 714 N.W.2d 884 (S.D. 2006) (summary judgment on statute of limitations; accrual question legal; fact issues of residence matter)
- Gul v. Ctr. for Family Med., 2009 S.D. 12, 762 N.W.2d 629 (S.D. 2009) (disputed facts require jury; accrual and limitations analysis)
- Gail M. Benson Living Trust v. Physicians Office Bldg., Inc., 2011 S.D. 30, 800 N.W.2d 340 (S.D. 2011) (summary judgment standards; inferences for nonmovant)