Truman v. Griese

2009 SD 8, 762 N.W.2d 75, 2009 S.D. LEXIS 10, 2009 WL 367533
CourtSouth Dakota Supreme Court
DecidedFebruary 11, 2009
Docket24707
StatusPublished
Cited by15 cases

This text of 2009 SD 8 (Truman v. Griese) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Truman v. Griese, 2009 SD 8, 762 N.W.2d 75, 2009 S.D. LEXIS 10, 2009 WL 367533 (S.D. 2009).

Opinions

GILBERTSON, Chief Justice

(on reassignment).

[¶ 1.] Monny Truman (Truman), individually and as special administrator of his wife Patricia’s estate, and Steven and Dee Ann Rounds1 sued Darren Griese (Griese), in his official capacity as South Dakota Department of Transportation (DOT) Pierre Region Traffic Engineer, and employees of the DOT as John Does after a car accident forty miles west of Pierre. Griese moved for summary judgment based on sovereign immunity. The trial court granted Griese’s motion. Truman appeals.2 We affirm.

FACTS

[¶ 2.] The accident occurred at the intersection of three highways: South Dakota Highway 34, South Dakota Highway 63, and United States Highway 14. This intersection is also known as “Four Corners.” The traffic design of this interchange is not easily conveyed in words. S.D. Highways 63 and 34 meet at a “T” intersection. S.D. 34 forms the top of the “T,” running east-west. S.D. 63 forms the bottom of the “T,” north-south, but continues west along the top-left part of the “T,” merging at a right angle with S.D. 34.

[¶ 3.] U.S. 14 travels across top -right part of the “T,” east-west with S.D. 34, then continues north-south with S.D. 63. However, U.S. 14 does not continue to a stop at the right angle intersection of the “T.” Instead, U.S. 14 curves between the two roads, just southeast of the “T.” This curved route creates two “Y” intersections at the junctions of U.S. 14 and S.D. 63 (south of the “T” intersection), and U.S. 14 and S.D. 34 (east of the “T” intersection). As a result of this design, the through-traffic on U.S. 14 does not stop to make the direction change. See Attachment 1.

[¶ 4.] On February 13, 2004, Monny and Patricia Truman, Dee Ann Rounds, twelve-year-old Ciara Rounds, and eight-year-old Zachary Rounds were driving in Truman’s vehicle from Pierre to Rapid City. They traveled west-bound on U.S. 14/S.D. 34. Truman approached Four Corners and followed U.S. 14 along the south-bound curve.

[¶ 5.] At the same time, Richard Giago was driving north on S.D. 63/U.S. 14 (The bottom of the “T”). Giago’s wife, Sue Ann, and son, Jayden, were passengers in his vehicle. When Giago reached the point where S.D. 63/U.S. 14 diverge, he continued northward on S.D. 63, across the “Y” junction.3

[¶ 6.] The vehicles collided almost head on. The results were devastating. Truman suffered broken bones, a skull injury, and permanent vision loss in his right eye; Patricia was killed; Dee Ann suffered severe head injuries and multiple broken bones; Dee Ann and Steven lost their unborn child, Jesse; Ciara and Zachary [78]*78suffered minor injuries; Giago and Jayden both suffered severe injuries and were hospitalized; Sue Ann was killed.

[¶ 7.] Truman brought claims against Griese for negligence, wrongful death and loss of consortium. Truman alleged Griese violated duties imposed by SDCL 31-28-6 by failing to post additional traffic control signs at Four Corners. Griese filed a motion for summary judgment on the basis of sovereign immunity. The trial court entered an order in favor of Griese’s motion.

[¶ 8.] Truman appeals the following issue:

Whether Truman’s claims under SDCL 31-28-6, regarding the necessity for and placement of highway warning signs, are barred by sovereign immunity under the facts of this case.4

STANDARD OF REVIEW

[¶ 9.] “Sovereign immunity is the right of public entities to be free from liability for tort claims unless waived by legislative enactment.” Public Entity Pool for Liability v. Score, 2003 SD 17, ¶ 7 n. 3, 658 N.W.2d 64, 67 n. 3 (citing Alden v. Maine, 527 U.S. 706, 715, 119 S.Ct. 2240, 2247, 144 L.Ed.2d 636 (1999)). “In the absence of constitutional or statutory authority, an action cannot be maintained against the State.” Id. (citing generally Lick v. Dahl, 285 N.W.2d 594 (S.D.1979); Darnall v. State, 79 S.D. 59, 108 N.W.2d 201 (1961); Griffis v. State, 68 S.D. 360, 2 N.W.2d 666 (1942); Mullen v. Dwight, 42 S.D. 171, 173 N.W. 645 (1919)) (emphasis added).

[¶ 10.] It is settled that whether sovereign immunity applies is a question of law. Bickner v. Raymond Township, 2008 SD 27, ¶ 10, 747 N.W.2d 668, 671 (citations omitted). “Whether sovereign immunity precludes a plaintiff from pursuing a claim is a question of law which is reviewed de novo.” King v. Landguth, 2007 SD 2, ¶ 8, 726 N.W.2d 603, 607 (citing Wulf v. Senst, 2003 SD 105, ¶ 19, 669 N.W.2d 135, 142 (citing Bego v. Gordon, 407 N.W.2d 801 (S.D.1987))). Additionally, the predicate question, whether the governmental duties under SDCL 31-28-6 are ministerial or discretionary, is a question of law for this Court. Bickner, 2008 SD 27, ¶ 10, 747 N.W.2d at 671 (citing Hansen v. SD Dept. of Transp., 1998 SD 109, ¶ 18, 584 N.W.2d 881, 885).

ANALYSIS AND DECISION

[¶ 11.] No one can look at the facts surrounding this litigation without a sense of sorrow. Lives were lost and lives were damaged. Yet our task is a narrow one — ■ to determine if the State of South Dakota’s sovereign immunity applies. In order to make this determination, first, we identify Truman’s claim as it relates to this action. Next, we address the distinction between ministerial and discretionary duties in recognizing sovereign immunity. Then, we apply our sovereign immunity analysis to SDCL 31-28-6. Finally, we address the inapplicability of Truman’s evidence and arguments regarding “material facts” in the grant of summary judgment on the basis of sovereign immunity. Because we conclude that Griese’s duties under SDCL 31-28-6 are discretionary, sovereign im[79]*79munity applies and the trial court is affirmed.

Truman’s Claim

[¶ 12.] It is useful to begin by restating the precise conduct that Truman alleges does not have the protection of sovereign immunity. Broadly, Truman asserts that the omission5 of additional signs at Four Corners violated Griese’s duty to install traffic control signs pursuant to SDCL 31-28-6. This alleged omission could have occurred during one of two time periods— either in the initial engineering and design of the intersection, or when a duty to erect signs arose after the intersection was built.

[¶ 13.] The State has not waived sovereign immunity or consented to suit for any omission of signs that occurred during the initial engineering and design of Four Corners.

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Cite This Page — Counsel Stack

Bluebook (online)
2009 SD 8, 762 N.W.2d 75, 2009 S.D. LEXIS 10, 2009 WL 367533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/truman-v-griese-sd-2009.