Justia Injury Law Opinion SummariesArticles Posted in South Dakota Supreme Court
Slota v. Imhoff
The Supreme Court affirmed the order of the circuit court granting Defendants' motion for judgment on the pleadings and dismissing Plaintiff's fraud and deceit claims, holding that the claims were time barred.Plaintiff sued a law firm and its attorneys, alleging legal malpractice, fraud and deceit related to their representation of Plaintiff on criminal charges. The circuit court granted judgment on the pleadings for Defendants, concluding that the claims were time-barred by the three-year statute of repose for legal malpractice under S.D. Codified Laws 15-2-14.2. Plaintiff appealed, arguing that the circuit court erred in dismissing the fraud and deceit claims because those claims were subject to a six-year statute of limitations. The Supreme Court affirmed, holding (1) Plaintiff's fraud and deceit claims were subsumed within his malpractice claim; and (2) therefore, all of Plaintiff's claims were precluded under the repose statute. View "Slota v. Imhoff" on Justia Law
Fodness v. City Of Sioux Falls
The Supreme Court affirmed the judgment of the circuit court granting the motion to dismiss filed by the City of Sioux Falls and denying Plaintiffs' motion to amend their complaint alleging negligence against the City, holding that the court did not err by granting the City's motion to dismiss for failure to state a claim.Plaintiff was injured when her apartment collapsed after a contractor demolished certain portions of a load-bearing wall. Plaintiff and her parents sued the City, alleging negligence for issuing a building permit for the project. The City filed a motion to dismiss, arguing that the public duty rule barred the suit and that Plaintiffs failed to plead sufficient facts to establish that the City owed them a special duty to bring them within the exception to the public duty rule. The circuit court granted the motion to dismiss, concluding that the complaint failed to allege sufficient facts to establish that the City owed Plaintiffs a special duty of care. The Supreme Court affirmed, holding (1) a special duty was not created by the City's issuance of the permit, and therefore, the circuit court properly dismissed the complaint; and (2) the circuit court did not abuse its discretion in denying Plaintiffs' motion for leave to amend. View "Fodness v. City Of Sioux Falls" on Justia Law
Johnson v. United Parcel Service, Inc.
The Supreme Court reversed the judgment of the circuit court in favor of Appellee in this workers' compensation case, holding that an error led to the exclusion of relevant evidence and incorrect jury instructions that impacted the jury's verdict, which prejudiced Appellants.Fern Johnson sued her former employer and its workers' compensation carrier (collectively, Appellants) alleging bad faith and conversion based on their denial of previously ordered workers' compensation medical benefits. A jury returned a verdict for Johnson. The Supreme Court reversed and remanded the case for a new trial, holding (1) the circuit court did not err when it concluded that Appellants' legal obligation to pay Johnson's benefits was not fairly debatable; but (2) the circuit court erred when it determined that the lack of a reasonable basis to deny benefits necessarily impacted the jury's consideration of the separate bad faith element concerning Appellants' knowledge. View "Johnson v. United Parcel Service, Inc." on Justia Law
Henning v. Avera McKennan Hospital
The Supreme Court affirmed the order of the circuit court granting summary judgment for Hospital on Nurse's claims for wrongful discharge, breach of contract, and defamation, holding that summary judgment was proper.Hospital terminated Nurse after it discovered errors in Nurse's documentation of controlled substances and Nurse's inability to account for controlled substances revamped from the dispensing system. Nurse brought suit against Hospital alleging several claims. The circuit court granted summary judgment for Hospital on all claims. The Supreme Court affirmed, holding that summary judgment was properly granted in favor of Hospital. View "Henning v. Avera McKennan Hospital" on Justia Law
Olson v. Slattery
The Supreme Court affirmed the judgment of the circuit court concluding that coverage did not exist under an automobile insurance policy issued to Shelby Olsons' parents or an automobile policy issued to the shooter for injuries sustained by Shelby when she was struck by a bullet while riding in the backseat of her parents' vehicle, holding that the circuit court did not err.Shelby was struck by a bullet when the driver of another vehicle fired a handgun at the Olsons' vehicle. At issue was whether coverage for Shelby's injuries existed under the automobile policy issued to her parents or under the automobile policy issued to the shooter. The circuit court concluded that coverage did not exist under either policy because the injuries did not arise out of the use of a vehicle and, alternatively, were not caused by an accident. The Supreme Court affirmed, holding that the circuit court did not err in granting summary judgment in favor of the insurance companies. View "Olson v. Slattery" on Justia Law
Sedlacek v. Prussman Contracting, Inc.
The Supreme Court affirmed the judgment of the circuit court in favor of Prussman Contracting, Inc., holding that the court did not abuse its discretion.Dennis Sedlacek commenced this suit against Prussman, alleging general negligence and failure to train and supervise its employees. Sedlacek sought damages for injuries he allegedly sustained while repairing a crane owned by Prussman. The jury returned a general verdict in favor of Prussman. On appeal, Sedlacek argued that he was prejudiced by the court's rulings restricting his ability to argue that Prussman violated Occupational Health and Safety Administration (OSHA) standards. The Supreme Court affirmed, holding that even if this restriction was outside of the circuit court's range of permissible choices, Sedlacek could not establish that the error produced the adverse verdict. View "Sedlacek v. Prussman Contracting, Inc." on Justia Law
Laplante v. GGNSC Madison, S.D.
The Supreme Court reversed the judgment of the circuit court affirming the decision of the South Dakota Department of Labor dismissing Plaintiff's petition seeking workers' compensation benefits for lack of prosecution, holding that Plaintiff engaged in activity within a year before the motion to dismiss was filed.Plaintiff filed a petition with the Department seeking disability benefits and medical expenses arising from her workplace injury. Eventually, Employer/Insurer filed a motion to dismiss for lack of prosecution under ARSD 47:03:01:09, asserting that there had been no activity for at least one year and that Plaintiff had failed to show good cause for the delay. The Department granted the motion to dismiss. The Supreme Court reversed, holding that the Department abused its discretion in dismissing the appeal because its decision was based upon its erroneous conclusion that Plaintiff's participation in a vocational rehabilitation program was not "activity" under ARSD 47:03:01:09. View "Laplante v. GGNSC Madison, S.D." on Justia Law
Bonebright v. City Of Miller
The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Department of Labor to award benefits to James Bonebright's widow, Stephanie, after Bonebright died from injuries he sustained in a work-related accident, holding that the workers' compensation claim was not precluded by willful misconduct.Bonebright's employer, the City of Miller, and the City's workers' compensation provider denied workers' compensation liability on the ground that Bonebright had engaged in willful misconduct. Stephanie petitioned the Department for medical and funeral expenses along with indemnity benefits as a surviving spouse. The Department awarded Stephanie benefits, concluding that although Bonebright had engaged in willful misconduct, the City had not established that Bonebright's failure to follow safety precautions was a proximate cause of his injury and death. The circuit court reversed the Department's willful misconduct finding. The Supreme Court affirmed, holding that Stephanie's claim was not precluded by willful misconduct because the City did not demonstrate bona fide enforcement of its safety rules. View "Bonebright v. City Of Miller" on Justia Law
Armstrong v. Longview Farms, LLP
The Supreme Court affirmed the order of the circuit court affirming the decision of the Department of Labor determining that Appellant's knee surgery and related treatment were not compensable, holding that the Department did not err when it concluded that Appellant's work-related injury, in combination with his preexisting condition, did not remain a major contributing cause of his disability, impairment, or need for treatment.Appellant injured his left knee while working for Appellee. Appellee denied liability for Appellant's total knee replacement surgery and post-operative treatment. The Department found the work-related injury neither contributed independently nor was a major contributing cause of Appellant's need for surgery. The circuit court affirmed. The Supreme Court affirmed, holding that Appellant failed to prove causation under either S.D. Codified Laws 62-1-1(7)(b) or S.D. Codified Laws 62-1-1(7)(c). View "Armstrong v. Longview Farms, LLP" on Justia Law
Healy v. Osborne
The Supreme Court affirmed the judgment of the trial court granting summary judgment in favor of Defendants and dismissing Plaintiff's suit claiming that he was financially damaged by Defendants' fraud and conspiracy and deprived of control over the family ranch, holding that the circuit court properly concluded that Plaintiff's suit was time barred.This case arose out of a family dispute over ownership and control of a family ranch. Plaintiff sued his mother, brothers, former attorney, and two business entities charging Defendants with, among other things, conversion, fraud, and conspiracy to commit fraud and requesting punitive and compensatory damages. The circuit court granted Defendants' motions for summary judgment on all claims, concluding that Plaintiff's claims were time barred. The circuit court then granted Defendants' motions for attorney fees, concluding that Plaintiff's lawsuit was frivolous and malicious. The Supreme Court affirmed, holding that the circuit court (1) properly concluded that Plaintiff's suit was time barred; and (2) did not abuse its discretion by awarding attorney fees to Defendants. View "Healy v. Osborne" on Justia Law