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7 South Dakota opinions name it 1 courts 1998–2007 0 in the last five years
The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hansen v. South Dakota Department of Transportationgreen2 sentences2003Hansen, 1998 SD 109 at ¶ 23, 584 N.W.2d at 886 (quoting 57 Am.Jur.2d Municipal, County, School & State Tort Liability § 120, at 132-33 (1988)). [¶27.] South Dakota is located in the northern great plains and there will be frequent occasions when the state is subjected to severe bad weather. 2003Hansen, 1998 SD 109 at ¶ 23, 584 N.W.2d at 886 (quoting 57 Am.Jur.2d Municipal, County, School & State Tort Liability § 120, at 132-33 (1988)). [¶27.] South Dakota is located in the northern great plains and there will be frequent occasions when the state is subjected to severe bad weather. | 3 | 4 |
Thompson v. Summersgreen2 sentences1998If there is a readily ascertainable standard by which the action of the government servant may be measured, whether that standard is writ ten or the product of experience, it is not within the discretionary function exception. [¶ 51.] This court has consistently held that “an unexeused violation of a statute enacted to promote safety constitutes negligence per se.” Thompson, 1997 SD 103 at ¶ 16 , 567 N.W.2d at 393 (citations omitted). 1998If there is a readily ascertainable standard by which the action of the government servant may be measured, whether that standard is written or the product of experience, it is not within the discretionary function exception. [¶51] This court has consistently held that "an unexcused violation of a statute enacted to promote safety constitutes negligence per se." Thompson, 1997 SD 103 at ¶16, 567 NW2d at 393 (citations omitted). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Casazza v. State
green
1 sentence2007Id. [¶ 13.] The determination of what acts constitute discretionary or ministerial functions requires an individualized inquiry. | 1 | 2007–2007 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.