Formatting provided courtesy of State Bar of South Dakota and South Dakota Continuing Legal Education, Inc. 222 East Capitol Ave. South Dakota Supreme Court Appeal from the Eighth Judicial Circuit, Lawrence County, SD Hon. Plaintiff filed a motion for a new trial. The Eighth Judicial Circuit Court, Lawrence County, granted the motion and ordered a new trial.
Property owners appeal.
On this date, it was a clear and mild winter day, but as night fell, the temperature fell below freezing. Thawing snow that had accumulated on the streets and sidewalks began to freeze after dark. The driveway in front of Mineral Palace is ramped down to the street to allow cars to transverse the sidewalk in order to enter a parking lot that is part of the Mineral Palace property. Frequent car traffic had caused ice and slush to accumulate on the driveway. A Mineral Palace employee, as part of his job responsibilities, inspected the driveway upon arriving for his shift.