(dissenting).
[¶ 14.] I respectfully dissent.
*820[¶ 15.] Larry and Susan Holland both testified under oath that the damage in this case was caused by a single event, to wit, the breaking of the water shut-off valve when their water was turned back on by the city. There is no dispute on the plaintiffs part that this single act caused the damage. It is well settled that a party can not claim a better version of the facts than is given by their own testimony. See Vaughn v. John Morrell & Co., 2000 SD 31, ¶ 36, 606 N.W.2d 919, 926; Lakes’ Byron Store, Inc. v. Auto-Owners Ins. Co., 1999 SD 25, ¶ 6 fn*, 589 N.W.2d 608, 609 (quoting Miller v. Lake Area Hosp., 1996 SD 89, ¶ 14, 551 N.W.2d 817, 820-21 (citations omitted)).
[¶ 16.] We previously held in Brishky v. State, 479 N.W.2d 489, 492 (S.D.1991),
[generally, when a tort involves continuing injury, the cause of action accrues and the statute of limitations commences when the wrong terminates, [citation omitted.] Although this Court has never, in depth, explained the nature of a continuing wrong, other jurisdictions have. A continuing violation is occasioned by continual unlawful acts, not by continual ill effects from an original action. [citation omitted.]
See also McCune v. City of Grand Rapids, 842 F.2d 903, 905 (6th Cir.1988) (quotation omitted) (noting that “ ‘[a] continuing violation is occasioned by continual unlawful acts, not by continual ill effects from an original violation’ ”); Ward v. Caulk, 650 F.2d 1144, 1147 (9th Cir.1981) (citing Collins v. United Air Lines, Inc., 514 F.2d 594, 596 (9th Cir.1975)) (stating that “[a] continuing violation is occasioned by continual unlawful acts, not by continual ill effects from an original violation”); Hyon Waste Management Servs. v. City of Chicago, 214 Ill.App.3d 757, 158 Ill.Dec. 335, 574 N.E.2d 129, 132 (1991) (citation omitted) (stating that “[a] continuing violation, however, is occasioned by continuing unlawful acts and conduct, not by continual ill effects from an initial violation”).
[¶ 17.] This case, no matter which way you cut it, deals with the continual ill effects of the single act which the plaintiffs acknowledged under oath. No question but that the plaintiffs were aware and failed to give timely notice. I would affirm the trial court.