South Dakota Supreme Court June 5, 2002, None (Braun v. New Hope Township)

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United States · · · 05-06-2002

SABERS, Justice

(dissenting).

[¶ 28.] I dissent. The majority opinion holds that the conduct of Township in improperly reinstalling the warning sign was an intervening superseding cause precluding a finding of negligence and relieving Rozell and T-Lakota from any liability. In reaching this result, the majority opinion incorrectly relies on Restatement (Second) of Torts § 452(2).

*744[¶ 29.

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