concluding that the clause “[c]learly and unequivocally . . . directs that the courts of this state shall be open to the injured and oppressed” (quoting Daugaard v. Baltic Coop. Bldg. & Supply Ass’n, 349 N.W.2d 419, 425 (S.D. 1984))
How later courts described this case
- concluding that the clause “[c]learly and unequivocally . . . directs that the courts of this state shall be open to the injured and oppressed” (quoting Daugaard v. Baltic Coop. Bldg. & Supply Ass’n, 349 N.W.2d 419, 425 (S.D. 1984))
- holding the rational basis test applies only to those portions of a statute not affecting plain tiffs fundamental right to bring the action
- holding that right of access to recover damages for bodily injury was fundamental, but noting that numerous other states have held otherwise
- applying the two-year statute of limitations under § 12-542 to a claim for abuse of process
Written by the judges who cited it.
The opinion
HOLOHAN, Chief Justice,
concurring:
I concur in the special concurrence.