(concurring in part and dissenting in part).
[¶ 39.] I agree that Hansen failed to show that Commission is charged with or exercises anything other than discretionary, policy-making functions and duties, for which there can be no tort liability. See SDCL 1^44-14. However, I dissent on Issue 1.
[II40.] HANSEN HAS A VALID CLAIM AGAINST HOWARD AS HIS STATUTORY DUTIES WERE MINISTERIAL AND THEREFORE, DISMISSAL ON THE BASIS OF SOVEREIGN IMMUNITY WAS ERROR.
[¶41.] Hansen claims that Howard has a statutory duty to inspect, maintain, and repair the interstate bridges to protect the traveling public from injury. She relies on the following statutes:
The department of transportation shall maintain, and keep in repair all highways or portions of highways, including the bridges and culverts thereon, which highways have been constructed or improved by the department and are on the state trunk highway system.
SDCL 31-5-1.11
If any highway, culvert, or bridge is damaged by flood, fire or other cause,12 to the extent that it endangers the safety of pub-*890lie travel, the governing body responsible for the maintenance of such highway, culvert, or bridge, shall within forty-eight hours of receiving notice of such danger, erect guards over such defect or across such highway of sufficient height, width, and strength to guard the public from accident or injury and shall repair the damage or provide an alternative means of crossing within a reasonable time after receiving notice of the danger. The governing body shall erect a similar guard across any abandoned public highway, culvert, or bridge. Any officer who violates any of the provisions of this section commits a petty offense.
SDCL 31-32-10. Interstate 29 is part of the federal highway system and its repair and maintenance are subject to federal regulations. See, e.g., 23 C.F.R. § 650.411(c)(1):
It shall be the responsibility of-the State agency to properly maintain, or cause to be properly maintained, any [bridge replacement or rehabilitation] project constructed under this bridge program.
[¶42.] We recently discussed SDCL 31-32-10 in Fritz v. Howard Township, 1997 SD 122, ¶¶ 12-13, 570 N.W.2d 240, 242:
Obviously, the main obligation ... under [SDCL 31-32-10] is to repair all defects in a ... highway which endanger the safety of public travel. Incidentally the statute also imposes a secondary duty ... to erect temporary guards over defects, where needed, until repairs are made. [Citation omitted].
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SDCL 31-28-6 provides for the placement of a warning sign for the benefit of approaching traffic:
The public board or officer whose duty it is to repair or maintain any public highway shall erect and maintain at points in conformity with standard uniform traffic control practices on each side of any sharp turn, blind crossing, or other point of danger on such highway, except railway crossings marked as required in § 31-28-7, a substantial and conspicuous warning sign, which sign shall be on the right-hand side of the highway approaching such point of danger. A violation of this section is a Class 1 misdemeanor.
(Citation omitted).13
[¶ 43.] Howard does not challenge settled South Dakota law that the obligation to erect a sign and a guard over a defect in the road constitutes a ministerial duty and does not involve a discretionary policy decision.14 In *891Bryant v. Butte County, 457 N.W.2d 467, 470 (S.D.1990), we construed the parallel county highway repair statute and held that “[t]he ‘shall’ and ‘duty’ language mandates the county’s duty to ‘properly and adequately’ maintain the county roads, thus making it clear that the county’s duty to repair the road is ministerial.” Cf. SDCL 2-14-2.1 (“As used in the South Dakota Codified Laws to direct any action, the term, shall, manifests a mandatory directive and does not confer any discretion in carrying out the action so directed.”). The policy dictating that these acts be earned out is already established via the statutes and the MUTCD. “[A] ministerial act is the simple carrying out of a policy already established ... so that permitting state employees to be held liable for negligence in the performance of merely ministerial duties within the scope of their authority does not compromise the sovereignty of the state.” Kyllo v. Panzer, 535 N.W.2d 896, 902 (S.D.1995) (quoting Ritter v. Johnson, 465 N.W.2d 196, 198 (S.D.1991)).15
[¶44.] Hansen claims that Howard was negligent in failing to train and supervise highway personnel regarding inspection and identification of defective road conditions and in failing to adequately notify and warn approaching motorists of this hazard. Howard counters, without citing supporting authority, that since he is not personally responsible for the placement of each sign or barricade, he cannot be sued. However, he admits that he has “supervisory authority over [DOT’s] employees and agents, [and that] it is those employees and agents who are responsible for the work involved in road maintenance and repair.” In fact, it is that supervisory authority which may give rise to liability.
[¶ 45.] An action may be brought against a governmental entity under a theory of “re-spondeat superior”16 liability.
In the absence of sovereign immunity from tort liability or suit in tort, and with appropriate reservations depending on the effect that the nature of a particular act or function may have on the issue of immunity [i.e., whether the function is discretionary or ministerial], a state government or its agencies or instrumentalities is subject to liability under the doctrine of responde-at superior for the torts of its agents, officers, and employees while acting in the course and scope of their employment or authority[.]
57 Am.Jur.2d Municipal, County, School & State Tort Liability § 190, at 202 (1988) [hereinafter “State Tort Liability ”J. Obviously, entities can only act through their *892employees. See Norgeot v. State, 334 N.W.2d 501, 504 (S.D.1983) (“A state can only act through its employees and for the state to waive immunity for its employees and not for itself would be completely inconsistent with the intent of the statute.”); State v. Hy-Vee Food Stores, Inc., 533 N.W.2d 147, 149 (S.D.1995) (“We begin our analysis with the rather mundane observation that a corporation cannot act but through its agents.”). The doctrine of respondeat superior may be invoked in a suit against the State; the doctrine is recognized in South Dakota as part of the common law of negligence, Rehm v. Lenz, 1996 SD 51, ¶21, 547 N.W.2d 560, 566, and here, the State “consented to suit in the same manner that any other party may be sued.” SDCL 21-32-16.
[¶46.] Contrary to Howard’s assertion in the conclusion to his brief, made without supporting authority, it was not necessary for Hansen to implead any of Howard’s subordinates in order to invoke the doctrine of respondeat superior:
A governmental body subject to liability under the doctrine of respondeat superior for the tortious acts or omissions of its officers, agents, or employees, committed within the scope of their employment, may be subject to suit on that basis despite the fact that the individual actor employees are not named defendants in the plaintiffs’ complaint. Some jurisdictions deem it sufficient for recovery against the governmental body to prove that its identified employee would be liable for conduct imputable to the employer even though that employee is not named a defendant in the action.
State Tort Liability § 657, at 593; accord McCottrell v. City of Chicago, 135 Ill.App.3d 517, 90 Ill.Dec. 258, 481 N.E.2d 1058, 1059 (IllAppCt 1985) (“Our courts have long recognized that in an action by a third party based on injuries caused by the negligence of the servant, the servant is not a necessary party in an action against the master.”) (collecting cases).
[¶ 47.] At the time of the accident, Howard held the position of “Director of Highways.” SDCL 31-2-9 then provided:17
... The director shall have full responsibility and authority for the execution of policies determined by the department of transportation....
Howard also held the position of “Secretary of Transportation.” See SDCL 1-44-14:
The department of transportation shall, under the direction and control of the secretary of transportation, perform all the functions of the former state highway commission created by chapter 31-2....
Howard argues that these positions are “obviously executive in nature, and inherently involve the exercise of discretion.” However, PEPL coverage is extended to “all member public entities of the state and their officers and employees.” No exception is made for “executive” employees. See SDCL 3-22-1(5), which provides PEPL’s definition of “employee” as:
all current and former employees and elected and appointed officers of any public entity whether classified, unclassified, licensed or certified, permanent or temporary whether compensated or not. The term includes employees of all branches of government including the judicial and legislative branches and employees of constitutional, statutory and executive order boards, commissions and offices. The term does not include independent contractors^]
[¶48.] Howard’s status as Secretary of DOT and Director of Highways does not necessarily mean that all of his functions and duties are discretionary, and the trial court erred in so ruling. See Bryant, 457 N.W.2d at 470-71:
While all duties of county commissioners are important, this particular function of maintaining secondary roads has been twice ascribed to them by the legislature. We are not passing judgment on another branch of government, but merely requiring that Butte County Commissioners carry out their duty so prescribed by the legislature.
See also State Tort Liability § 118, at 130:
[W]hether the acts giving rise to a complaint are discretionary or ministerial is a *893factual question depending on the nature of the act and not the care with which it is performed, or the rank or identity of the actor [.]
(Emphasis added); United States v. Varig Airlines, 467 U.S. 797, 813, 104 S.Ct. 2765, 2764, 81 L.Ed.2d 660, 674, reh’g denied, 468 U.S. 1226, 105 S.Ct. 26, 82 L.Ed.2d 919 (1984):
First, it is the nature of the conduct, rather than the status of the actor, that governs whether the discretionary function exception applies in a given case.... Thus, the basic inquiry concerning the application of the discretionary function exception is whether the challenged acts of a Government employee — whatever his or her rank — are of the nature and quality that Congress intended to shield from tort liability.
Accord Robertson v. City of Topeka, 231 Kan. 358, 644 P.2d 458, 462 (Kan 1982) (stating that focus should not be on status of employee).18
[¶ 49.] There can be no doubt that Howard performs many discretionary tasks in the course of his employment. However, SDCL 1-44-14 and 31-2-9 indicate that Howard was responsible for executing DOT policies and statutory duties set forth in SDCL 31-5-1, 31-28-6, and 31-32-10 on Interstate 29. The majority opinion reflects a complete misunderstanding of this position and of the correct test. At ¶ 32, it states:
If Howard is to be held liable, all other public servants exercising similar executive powers will also be liable. This arrives at a result where all are doing ministerial duties in the executive branch of state government with the sole exception being the Governor.
This is nonsense. The test is not whether a public servant is exercising an “executive,” “judicial,” or “legislative” power. The test is whether the task is ministerial or discretionary. Under the majority’s “test,” Howard and the Governor would be protected under sovereign immunity even when negligently operating a motor vehicle, a purely ministerial task. We know better, and Kyllo, 535 N.W.2d at 903, is settled law that dictates the opposite result.
It is inconceivable that driving a motor vehicle is anything other than a ministerial function. Regardless of state employment, Employees still owed the same duty of care to drive safely as any other driver not so employed. Employees’ claimed immunization from suit does not extend to negligent individuals in any other sector of employment. The legislature cannot extend it to negligent individuals who work for the state. Although we agree that state employees performing discretionary, “policy making” functions should be covered by immunity for the consequences resulting from their decisions, that is simply not the case here. Instead, what exists is injury resulting from the alleged negligent operation of a motor vehicle.
[¶ 50.] The duties imposed on Howard, i.e., to execute DOT policies and directives — not to formulate them — are ministerial duties. See Kyllo, 535 N.W.2d at 901 n.9; see also State Tort Liability § 120, at 132-33:
[A] ministerial act is defined as absolute, certain, and imperative, involving merely the execution of a specific duty arising from fixed designated facts or the execution of a set task imposed by a law prescribing the time, mode, and occasion of its performance with such certainty that nothing remains for judgment or discretion, being a simple, definite duty arising under and because of stated conditions and imposed by law. A ministerial act envisions direct adherence to a governing rule or standard with a compulsory result. It is performed in a prescribed manner without the exercise of judgment or discretion as to the propriety of the action. In short, once it is determined that the act should be performed, subsequent duties may be considered ministerial. If there is a readily ascertainable standard by which the action of the government servant may be measured, whether that standard is writ*894ten or the product of experience, it is not within the discretionary function exception.
[¶ 51.] This court has consistently held that “an unexeused violation of a statute enacted to promote safety constitutes negligence per se.” Thompson, 1997 SD 103 at ¶ 16, 567 N.W.2d at 393 (citations omitted). Whether Howard breached one or more of these statutory duties by failing to enforce them through DOT employees and agents, and if so, whether the breach was the proximate cause of Hansen’s injuries constitute questions for the factfinder. Cf. Olson v. Tri-County State Bank, 456 N.W.2d 132, 135 (S.D.1990):
Whether a principal will be held liable for the conduct of an agent is determined by the nexus between the agent’s employment and the activity which actually caused the injury. Liability will be imposed upon the principal when the nexus is sufficient to make the resulting harm foreseeable. In other words, if the agent’s employment puts him in a position where his harmful conduct would not be so unusual or startling that it would be unfair to include the loss caused by the injury among the costs of the employer’s business, then the principal is liable for the injury.
(Citation & internal quotation omitted).
[¶ 52.] Violation of the statute “alone is not sufficient to render [defendant] liable to the plaintiff. Before [defendant] may be held to respond in damages it must further appear that [his] violation of the duty placed on [him] by this rule was the proximate cause of plaintiffs injury. The burden of establishing this is on the plaintiff.” Blakey v. Boos, 83 S.D. 1, 8, 153 N.W.2d 305, 309 (1967) (citation omitted); accord Musch v. H-D Coop., Inc., 487 N.W.2d 623, 625-26 (S.D.1992):
With regard to the proximate cause issue, this court has recognized that the mere violation of a statute is insufficient to support an action for damages. Rather, a plaintiff must show that the violation of a statutory duty was the proximate cause of his injury to support a recovery in negligence. Serles v. Braun, 79 S.D. 456, 113 N.W.2d 216 (1962); Zeller v. Pikovsky, 66 S.D. 71, 278 N.W. 174 (1938). In Leslie v. City of Bonesteel, 303 N.W.2d 117, 119 (S.D.1981), we stated: “For proximate cause to exist, ‘the harm suffered must be found to be a foreseeable consequence of the act complained of.... The negligent act must be a substantial factor in bringing about the harm.’ Williams v. United States, 450 F.Supp. 1040, 1046 (D.S.D.1978).”
(Emphasis & alterations omitted). Questions of proximate cause are for the jury in “all but the rarest of cases.” Bauman v. Auch, 539 N.W.2d 320, 325 (S.D.1995); Nelson v. Nelson Cattle Co., 513 N.W.2d 900, 903 (S.D.1994); Holmes v. Wegman Oil Co., 492 N.W.2d 107, 114 (S.D.1992).
[¶ 53.] As noted, on a motion to dismiss, the court accepts the pleader’s description of what happened along with any conclusions reasonably drawn therefrom. Schlosser v. Norwest Bank South Dakota, 506 N.W.2d 416, 418 (S.D.1993). Hansen states that she drove into an unmarked, unguarded hole in a bridge construction project. Statutes mandate that proper signs and guards be employed over defects which endanger public travel. The doctrine of sovereign immunity does not bar a cause of action against state employees for their failure to erect a sign and a guard over a defect in the road because placement of such signs and guards is a ministerial duty, the negligent exercise of which is not protected by sovereign immunity. By alleging that Howard failed to comply with one or more of his statutorily imposed duties, Hansen states a viable legal theory of liability, precluding a motion to dismiss her case against Howard.19 See Thompson, 1997 SD 103 at ¶ 7, 567 N.W.2d *895at 390 (“Thompson advances at least three legal theories which may support his cause of action. We need not, and do not, decide whether he will ultimately succeed on any of these theories.”); see also Schlosser, 506 N.W.2d at 418:
Pleadings should not be dismissed merely because the court entertains doubts as to whether the pleader will prevail in the action as this is a matter of proof, not pleadings. The rules of procedure ■ favor the resolution of eases upon the merits by trial or summary judgment rather than on failed or inartful accusations.
The question is “whether in the light most favorable to the plaintiff, and with doubt resolved in his or her behalf, the complaint states any valid claim of relief.” Id. Here, the answer is that Hansen’s complaint states a valid claim of relief against Howard for failure to comply with one or more of his statutorily imposed ministerial duties. Therefore, there is coverage under PEPL. Whether she could ultimately succeed on this claim presents questions not capable of resolution by a motion to dismiss.
[¶ 54.] Therefore, I dissent because the order granting the motion to dismiss Howard should be reversed and remanded for trial.
. There is no dispute that DOT is responsible for repair and maintenance of Interstate 29. See SDCL 31-4-152 (establishing Interstate 29 as part of the state trunk highway system); see also SDCL 31-4-14:
All marking, surveying, construction, repairing, and maintenance of the state trunk highway system shall be under the control and supervision of the department of transportation, and the department shall be charged with the administration of the laws relative thereto.
.The majority opinion seems to imply that a construction hazard could never constitute the "other cause” of damage to the road. See supra ¶ 27. That would clearly be an untenable conclusion. Whether a road is "out of repair” is a question of fact. See Zens v. Chicago, Milwaukee, St. Paul & Pac. R.R. Co., 386 N.W.2d 475, 478 (1986) ("We therefore determine that a genuine issue of material fact exists as to whether the [public road] became out of repair because of the widening and deepening of the ditch.”).
. The reference in SDCL 31-28-6 to "uniform traffic control practices" dictates that the sign conform to the Manual on Uniform Traffic Control Devices (MUTCD). See 23 C.F.R. § 655.601-07. The MUTCD is a national publication promulgated by the Federal Highway Administration and is the "national standard for all traffic control devices installed on any street, highway, or bicycle trail open to public travel[.]" Id, § 655.603(a). The States may draft their own manual, so long as it is in "substantial conformance” with the national MUTCD, id. § (b), but are encouraged to adopt the national version.
South Dakota adopted the national version. See SDCL 31-28-11: "On any street or road constructed with federal aid, the location, form, character of informational regulatory warning signs, curb and pavement or other markings and traffic signals, shall conform to uniform national signing standards.”
. Howard does not adequately address the statutes. In fact, he does not address the statutes at all. His brief is based entirely on the premise that he is cloaked in sovereign immunity by virtue of his title and that every act he performs is discretionary. In other words, Howard makes none of the arguments provided by the majority. It must be remembered that Howard and the other defendants refused to participate in pretrial evidentiary discovery and instead made a motion to dismiss. Under our standard of review, we must view the facts in the record in the light most favorable to Hansen. Howard recognizes this, even if the majority does not. Ihe majority argues that these statutes do not impose ministerial duties. Since this issue was decided in Bryant, 457 N.W.2d 467, we would have to overrule that case to reach the majority’s conclusion.
It is also settled law that all questions regarding whether this hole constituted a "defect,” whether Howard had notice thereof, and whether he took adequate steps to protect the public cannot be determined as a matter of law and are to be resolved by the finder of fact. See Homan v. Chicago & N.W. Transp. Co., 314 N.W.2d 861, 862 (S.D.1982):
Whether the absence of the sign in question from its designated location caused the road to become out of repair, and, if so, whether such defect was a proximate cause of the accident, and whether the sign as placed at the intersection ... constituted a "substantial guard” within the meaning of SDCL 31-32-10 ... are questions to be determined by the trier of fact. *891(Quoting Kiel v. DeSmet Township, 90 S.D. 492, 497, 242 N.W.2d 153, 156 (1976)). Therefore, under the majority's conclusion we would also have to overrule, at a minimum, Homan, Kiel, and Fntz. We should refrain from such a drastic displacement of settled law in the absence of any such request or briefing in support thereof.
. We note that PEPL's definition of "ministerial act or task” (supra ¶ 16) comports with that set forth in Kyllo.
Discretionary acts are defined as "those acts wherein there is no hard and fast rule as to course of conduct that one must or must not take and, if there is [a] clearly defined rule, such would eliminate discretion." Black’s Law Dictionary 467 (1990). The Restatement Second of Torts § 895D provides that discretionary functions involve the process of administering government, which requires that officers and employees determine a course of action to carry out the purpose for which they are charged. "The basis of the immunity [for discretionary functions] has been not so much a desire to protect an erring officer as it has been a recognition of the need of preserving independence of action without deterrence or intimidation by the fear of personal liability and vexatious suits.” Id.
Ministerial acts, on the other hand, are defined as "that which involves obedience to instructions, but demands no special discretion, judgment, or skill.” Black's Law Dictionary 996 (1990). In discussing ministerial functions, the Restatement Second provides: "If an act of the official involves less in the way of personal decision or judgment or the matter for which judgment is required has little bearing of importance upon the validity of the act ... Ministerial acts are those done by officers and employees who are required to carry out the orders of others or to administer the law with little choice as to when, where, how or under what circumstances their acts are to be done.” Id.
Kyllo, 535 N.W.2d at 901 n9.
. Literally, "let the master answer.” This doctrine provides that the employer is responsible for want of care on an employee’s part toward those to whom the employer owes a duty to use care, provided that the failure of the employee to exercise such care occurred in the course of employment. Black’s Law Dictionary 1311-12 (6th ed.1990).
. SDCL 31-2-9 was repealed by S.L. 1996, ch. 20, § 15, in the Legislature's reorganization of DOT.
. Since Howard's duties, not his rank or status, provide the basis upon which the ministerial / discretionary determination is made, the size of DOT’s budget and the number of its employees (facts supplied not by Howard but by the majority) are equally immaterial.
. Hansen also claims that she properly invoked the doctrines of common law negligence and res ipsa loquitur in her complaint. However, the duty to :
protect the public from injury occasioned by highways, culverts or bridges that are destroyed or out of repair is not imposed by the doctrine or rules of common-law negligence. It is a statutory duty imposed by the provisions of [forerunner to SDCL 31-32-10]. Accordingly its liability is determined by applying the standard of conduct imposed by statute rather than the standard of conduct -of a reasonably prudent person.
Lipp v. Corson County, 76 S.D. 343, 346, 78 N.W.2d 172, 174 (1956) (citations omitted). Additionally, res ipsa loquitur is simply a rule of evidence.
*895It is not an issue to be pleaded in the complaint nor need it be "noticed” by specific designation to the adverse party at pretrial or at trial for it is neither a cause of action nor a ground for recovery.
Shipley v. City of Spearfish, 89 S.D. 559, 561, 235 N.W.2d 911, 913 (1975) (citations omitted).