[¶ 1.] In this personal injury action plaintiff Alvin Hoekman (Hoekman) appeals the circuit court’s grant of summary judgment to defendant Federal Express Corp. (Federal Express), determining that while Federal Express owed a limited duty of care to him, Hoekman was contributorily negligent more than slight as a matter of law. We affirm on the basis that the duty of care of Federal Express in these circumstances extended only to ensure Hoek-man’s safe passage in front of the, Federal Express vehicle.
FACTS AND PROCEDURE
[¶ 2.2 On October 17, 1995, Hoekman was injured as he crossed South Burr Street in Mitchell, South Dakota. An employee with the Iverson Max automobile dealership in Mitchell, he had walked across the street to the Quick Fill Gas Station, and was returning to Iverson Max. Instead of crossing at the designated intersection approximately 100 feet away which contained traffic lights, Hoekman crossed the two southbound lanes of traffic on Burr Street and was standing in or next to the left-hand, northbound lane of traffic. While Hoekman was attеmpting to cross in the. middle of the street, a northbound Federal Express truck, driven by James Reinholt, approached and came to a stop, as he believed he would have hit Hoekman with his side mirror if he had not stopped.
[¶ 3.] Reinholt signaled to Hoekman by waving his hand, which Hoekman interpreted to mean “[g]o ahead and pass in frоnt of my vehicle.” Hoekman began jogging across the remainder of Burr Street, but after safely passing in front of the Federal Express truck, he was struck in the adjacent outside lane of traffic by an on-coming northbound vehicle driven by Timothy Nelson. At no time did Hoekman look to see if there were any on-coming vehicles in the lane outside of the Federal Express truck. Reinholt testified he never saw Nelson prior to the impact with Hoek-man.
[¶ 4.] The collision propelled Hoekman’s body approximately 10 feet from the point of impact. Hoekman sustained a fractured left hip, fractured right leg, injuries to his elbows and shoulders, and his left femur was completely severed from the ball socket.
[¶ 5.] Hoekman brought a personal injury action against both Federal Express and Nelson. The complaint against Nelson was eventually dismissed for lack of timely service. Federal Express filed a motion for summary judgment, claiming: (1) its driver owed no duty of care to Hoekman beyond its own lane of travel; (2) its driver hаd not been negligent in giving the hand signal; and, (3) Hoekman was contributorily negligent more than slight. After a hearing, the circuit court granted the summary judgment motion of Federal Express, finding that while Federal Express owed a duty of care to Hoek-man as he passed in front of the truck, Hoekman had been contributorily negligent as a matter of law. Hoekman appeals, raising the following issue for our consideration:
Whether the circuit court erred in granting .summary judgment to Federal Express.
STANDARD OF REVIEW
[¶ 6.] Our standard for reviewing the grant or denial of a summary judgment motion in actions which involve tort claims is well settled. This Court stated in Estate of Shuck v. Perkins County:
*823 Summary judgment is authorized “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law.” SDCL 15—6—56(e). We will affirm only when there are no genuine issues of material fact and the legal questions have been correctly decided. Bego v. Gordon,407 N.W.2d 801 , 804 (S.D.1987). All reasonable inferences drаwn from the facts must be viewed in favor of the non-moving party. Morgan v. Baldwin,450 N.W.2d 783 , 785 (S.D.1990). The burden is on the moving party to clearly show an absence of any genuine issue of material fact and an entitlement to judgment as a matter of law. Wilson v. Great N. Ry. Co.,83 S.D. 207 , 212,157 N.W.2d 19 , 21 (1968).
[Julson v. Federated Mutual Insurance Company,]1997 SD 43 , ¶ 5,562 N.W.2d 117 , 119 (quoting Ford v. Moore,1996 SD 112 , ¶ 7,552 N.W.2d 850 /852); accord VerBouwens v. Hamm Wood
Prods.,
ANALYSIS AND DECISION
[¶ 7.] The Extent of the Duty of Federal Express Towards Hoekman. 1
[¶ 8.] Whether a duty exists is typically a matter of law to be decided by the court, not a jury.
Tipton v. Town of Tabor,
[¶ 9.] The dispositive issue in this case is: does a genuine issue of material fact exist whether the Federal Express driver owed Hoekman a duty, and was thus negligent, in giving him a hand signal. Federal Express contends that it did not owe Hoek-man a duty of care once he safely passed in front of the truck, that the driver’s signal merely signified a yielding of its driver’s right-of-way and that the signal could not have been reasonably interpreted as' a representation that Hoekman could safely procéed across the entire remainder of the street. Hoekman argues Federal Express owed him a duty of care to assure his safety across the street after giving the hand signal, and whether Federal Express breached that duty is a question of fact for the jury to decide. He also argues the meaning of the Federal Express driver’s hand signal is a question of fact to be *824 resolved by a jury. 2
[¶ 10.] Whether a driver of a motor vehicle can be held to be negligent in giving this type of hand signal is an issue of first impression in South Dakota. Many courts have confronted this issue, and there is a distinct split of authority.
See
Joseph B. Conder, Annotation,
Motorist’s Liability For Signaling Other Vehicle Or Pedestrian To Proceed, Or To Pass Signaling Vehicle,
One who. undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from his failure to exercise reasonable care to protect his undertaking, if
(a) his failure to exercise reasonable care increases the risk of such harm, or
(b) he has undertaken to perform a duty owed by the other to the third person, or
(c) the harm is suffered because of reliance of the other or third person upon the undertaking.
See e.g., Lindsley v. Burke,
[¶ 11.] The circuit court determined that the driver of the Federal Express truck owed Hoekman a duty, but it only applied to his safe passage across the lane *825 occupied by the truck, and not to the remaining lane of traffic which was to become the site of impact. We agree. While there is a split of authority on this issue, the more persuasive line of cases determine that a motorist signaling to a pedestrian or another motorist in a factual situation such as the one before us does no more than yield the right-of-way, rather than signal it is safe to proceed across another lane of traffic. See Conder, supra at 208 (citing eases).
[¶ 12.] In
Shank v. Government Employees Ins. Co.,
[¶ 13.] Similarly, in
Government Employees Insurance Co. v. Thompson,
Mr. Decuir’s signal was intended to give Mr. Thomas permission to pass in front of Mr. Decuir’s stopped truck. Mr. Thomas cannot be relieved thereby of his obligation to keep a proper lookout for oncoming traffic in other lanes of traffic. His misinterpretation of Mr. Decuir’s courteous gesture cannot serve to render Mr. Decuir guilty of negligence proximately causing the ensuing accident.
Id.' at 810.
[¶ 14.] Likewise, in
Dawson v. Griffin,
[¶ 15.] To require a signaling motorist to assume the responsibility to assure a pedestrian or another motorist that he or she will be safe from other oncoming traffiс would place, an unduly heavy burden on the signaler. This burden may be extreme and even impossible, since the signaler cannot control the actions of the other vehicles. There are also certain types of vehicles that contain blind spots, which preclude the yielding driver from seeing what is coming from behind. Reinholt testified there was such a blind spot on his *826 truck despite its mirrors. While Hoekman points out that Reinholt testified he could see down the sides of his truck with the use of his mirrors, Reinholt also testified that he could not see completely behind his vehicle.
[¶ 16.] There are those situations where a signaler in the driver’s seat of his vehicle cannot be in a positiоn to see right-lane traffic traveling in the same direction.
Nolde,
[¶ 17.] Hoekman contends that he believed Reinholt “knew the traffic situation across Burr Street when he signaled Alvin to cross.” However, it is unreasonable to conclude that Reinholt, driving a Federal Express truck, could guarantee Hoekman’s safety across the rest of Burr Street when he could not seе behind the truck for on-coming traffic. Reinholt was in. an almost impossible position to determine if the adjacent lane of Burr Street was clear of other vehicles. At the very least, Reinholt was in no better position to determine whether it was safe for Hoek-man to proceed across the remaining lane of travel than Hoekman was himself.
Dawson,
[W]here the situation appears to be as much within the observation and estimation of the signaled driver as it is within that of the signaling one, and the signaled driver then proceeds without proper lookout and without exercising due care, it seems that the signaling driver will not be found guilty of the negligence, on the theory that in such case he is only signaling his intention to waive his right of way.
[¶ 18.] In this case, Reinholt was forced to stop because he thought he would hit Hoekman, who was standing in his lane of traffic or so close to it he may have been struck by the vehicle’s mirror. Once he stopped, • Reinholt had a duty to remain stopped until Hoekman had safely passed. However, оnce Hoekman had passed, Re-inholt did not have a duty to ensure Hoek-man’s safe passage across the remaining lane of traffic, as he was not in a position to view all traffic coming from the rear. It was unreasonable for Hoekman to assume Reinholt’s gesture meant it was safe to proceed across the remaining lane of traffic. Hoekman could have observed what was on-coming in the outside lane once he passed the Federal Express vehicle but by his own admission he failed to do so and jogged forward. Under the facts and circumstances in this case, Federal Express *827 did not owe a duty of care to ensure Hoekman’s safety across the entire street. Thus, Hoekman’s negligence claim against Federal Express fails, and the circuit court’s grant of summary judgment is affirmed. 4
Notes
. All parties to this case are adults. We express no opinion concerning this issue as to non-adults.
. At one point in his deposition, Hoekman clаimed he assumed Reinholt was waving him across the street. At another point in his deposition Hoekman claimed he believed the signal to mean "[g]o ahead and pass in front of my vehicle.” Reinholt claimed he threw up his hands as if to say "what are you going to do?” For purposes of review of a summary judgment we must construe the facts in а light most favorable to the non-moving party, Hoekman, that being he assumed Reinholt was waving him across the street.
. In
Cuppy
we held that a motorist who volunteered to lead another motorist who the first knew to be intoxicated, owed no duty to persons in another car who were struck by the intoxicated motorist. In
Schoenwald
we held that an insurance cоmpany which did inspections of an elevator for purposes of setting premiums did not voluntarily assume a duty of due care to third parties concerning safety conditions at the elevator. We stated "[w]hile we held that the facts in
Cuppy
did not bring that case within the parameters of § 324A, we nonetheless accepted its appliсability.”
Schoenwald,
. The circuit court ruled in favor of Federal Express on the basis that Hoekman was comparatively or contributorily negligent more than slight as a matter of law. As we find no duty existed on the part of Federal Express beyond its own lane of travel, we do not reach the issue of comparative or contributory negligence.