# Burley v. Kytec Innovative Sports Equipment, Inc.

> South Dakota Supreme Court · August 1, 2007 · 737 N.W.2d 397

URL: https://www.frixlaw.com/law-library/cases/9515457

## Case

- **Full name:** Kylie BURLEY, Plaintiff and Appellant, v. KYTEC INNOVATIVE SPORTS EQUIPMENT, INC., Defendant and Appellee. and West Central School District, Third Party Defendant
- **Court:** South Dakota Supreme Court
- **Decided:** August 1, 2007
- **Citations:** 737 N.W.2d 397; 2007 SD 82; 2007 S.D. LEXIS 146; 2007 WL 2206942
- **Precedential status:** Published
- **Opinion:** Concurring in part by Meierhenry
- **Judges:** Konenkamp, Gilbertson, Zinter, Sabers, Meierhenry
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9515457

## How later opinions describe it (automated extraction)

- stating that imposing liability for failure to test “where the causal link to the known harm to [Burley] is the unknown outcome of testing that was not done, would be beyond the pale of any ... tort doctrine we can identify”
- finding that expert testimony was required to aid jury in determining whether alleged defective hook in sports product was the proximate or legal cause of plaintiffs arm injuries
- stating any deficiencies in an expert’s opinion or qualifications can be tested through the adversary process at trial

## Opinion text

MEIERHENRY, Justice
(concurring in part and dissenting in part).
[¶ 55.] I concur on Issue 1 (Daubert) and join Justice Sabers’ dissent on the other issues.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9515457. Public record. Not legal advice.