Justia South Dakota Supreme Court Opinion Summaries

Jill Robinson and Chelsey Ewalt were involved in a car accident. Robinson sued Ewalt and attempted service of process a few days before the three-year statute of limitations expired, but Ewalt could not be located. Ewalt was eventually served almost one month after the statute of limitations had expired. The circuit court granted Ewalt's motion for summary judgment, finding that the statute of limitations barred Robinson's claim. The Supreme Court reversed, holding (1) a factual question about where Ewalt resided was material because it would determine whether the statute of limitations barred Robinson's claim under S.D. Codified Laws 15-2-31 or whether a sixty-day extension period applied; and (2) because a material question of fact remained, the circuit court's granting of summary judgment was improper. Remanded. View "Robinson v. Ewalt" on Justia Law

The parties in this case signed an arbitration agreement providing that arbitration would occur in accordance with the National Arbitration Forum (NAF) Code of Procedure, but the NAF became unavailable to administer its Code and the arbitration. Defendants moved the circuit court to appoint a substitute arbitrator under Section 5 of the Federal Arbitration Act (FAA). The circuit court concluded that a substitute arbitrator could not be appointed under Section 5 because the NAF Code of Procedure was integral to the parties' agreement to arbitrate and the NAF was unavailable to administer its Code. The Supreme Court reversed after considering the language of the arbitration agreement, the language of the NAF Code, and the federal policy expressed in the FAA, holding that Section 5 applied, and that absent some other defense, Section 5 required the appointment of a substitute arbitrator. View "Wright v. GGNSC Holdings LLC " on Justia Law

Employee received workers' compensation benefits for a neck and back injury he suffered in 2002 while working for Employer. After his benefits were discontinued in 2004, Employee sought treatment for a low back condition and petitioned the Department of Labor for workers' compensation benefits. The Department denied the petition, ruling that Employee did not prove his low back condition was related to his original 2002 work injury. The circuit court affirmed. The Supreme Court affirmed, holding that the Department correctly denied workers' compensation benefits where Employee failed to establish by a preponderance of the evidence that the 2002 injury was a major contributing cause of his current low back condition. View "McQuay v. Fischer Furniture" on Justia Law

Ethanuel Holznagel and John Cutsinger were involved in a car accident, and Holznagel died from injuries sustained in the accident. Holznagel's parents (Plaintiffs), the representatives of his estate, brought a wrongful death action against Cutsinger and his employer (Defendants). A jury trial was held and a verdict was returned for Defendants. Plaintiffs appealed the grant of Defendants' motion in limine excluding evidence of Cutsinger's marijuana use. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in determining that the probative value of the evidence was outweighed by the danger of unfair prejudice and granting Defendants' motion in limine. View "Estate of Holznagel v. Cutsinger" on Justia Law

Former students of a parochial school brought an action against the Congregation of the Priests of the Scared Heart, Inc. (PSHI) and other defendants, asserting claims of childhood sexual abuse. PSHI filed a motion to dismiss the action on the grounds that the former students failed to timely serve process on PSHI. The circuit court denied PSHI's motion to dismiss, finding (1) the former students substantially complied with the applicable service-of-process statute, and (2) service of process on PSHI was valid under S.D. Codified Laws 15-2-31. The Supreme Court affirmed, holding that the former students timely served PSHI in accordance with South Dakota law, and the circuit court did not err in denying PSHI's motion to dismiss. View "R.B.O. v. The Congregation of the Priests of the Sacred Heart, Inc." on Justia Law

Former students of a parochial school brought an action against the Priests of the Sacred Heart (PSH) and other defendants, asserting claims of childhood sexual abuse. PSH filed a motion to dismiss the action on the grounds that the former students failed to timely serve process on PSH. The circuit court denied the motion to dismiss, finding (1) the former students substantially complied with the applicable service-of-process statute, and (2) service of process on PSH was valid under S.D. Codified Laws 15-2-31. The Supreme Court reversed, holding that the circuit court erred in denying PSH's motion to dismiss because Plaintiffs failed to direct service to PSH and therefore failed to substantially comply with South Dakota's statutory notice requirements. View "R.B.O. v. Priests of the Sacred Heart" on Justia Law

Employee was prosecuted for theft from his Employer, but he was acquitted by a jury. Employee later commenced an action for malicious prosecution against Employer. The trial court granted summary judgment in favor of Employer, concluding (1) Employee did not establish legal causation between Employer's report of theft and the criminal prosecution, and (2) Employee failed to establish the absence of probable cause to prosecute. Employee appealed, arguing that although the decision to prosecute was made by the state's attorney and grand jury, his claim was actionable because Employer did not give full and correct information to the authorities. The Supreme Court affirmed, holding that the trial court did not err where (1) Employer's report was not the legal cause of the prosecution, and (2) Employee identified no facts suggesting that the prosecution was based on such information and that but for such information the decision to prosecute would not have been made by the prosecutor. View "Danielson v. Hess" on Justia Law

Plaintiff brought suit against several parties in the Catholic church for sexual abuse committed more than forty years earlier, averring that the abuse was perpetrated by a nun and a priest at a boarding school he attended. Defendants moved for summary judgment, asserting that the limitations period had expired on Plaintiff's claims because he failed to commence his action within three years of the abuse or within three years of the time he discovered or reasonably should have discovered his injury or condition was caused by the abuse in accordance with S.D. Codified Laws 26-10-25. The circuit court granted summary judgment for Defendants, concluding that Plaintiff never forgot the alleged abuse and was aware more than three years before commencing suit that his anger and hatred stemmed from this abuse. The Supreme Court affirmed, holding that Plaintiff was on inquiry notice more than three years before he brought suit because circumstances, including Plaintiff's anger and hatred against the church from the time he was in eleventh grade and his leaving school because of the abuse, were sufficient to prompt a reasonably prudent person to seek out information regarding his injury or condition and its cause. View "Iron Wing v. Catholic Diocese" on Justia Law

When Rita Fix's son and daughter-in-law, Jeff and Marie, secured a loan from the First State Bank of Roscoe by obtaining a warranty deed for the property, the Bank assured Fix she could retain possession of the house. After Jeff and Marie conveyed the house and property to the Bank, the Bank sold the property and sought to remove Fix from the house. Fix sued the Bank for, inter alia, intentional infliction of emotional distress (IIED). Meanwhile, Fix, Jeff, and Marie were indicted on multiple criminal counts. The State attorney who brought the charges and who represented the Bank civilly offered to dismiss the criminal charges against Fix if she would deed the house back to the Bank. Fix then amended her complaint to include a claim of abuse of process against the Bank. The trial court granted summary judgment against Fix on her IIED claim. A jury then returned a verdict finding the Bank liable for abuse of process but awarded no damages to Fix. The Supreme Court reversed on the abuse of process claim, holding that the trial court provided the jury with the incorrect legal standard for the recovery of emotional damages. Remanded for a new trial. View "Fix v. First State Bank of Roscoe" on Justia Law

Employee was injured while working for Employer, a railroad corporation, by falling on snow-covered ice. Employee filed a personal injury claim under the Federal Employers' Liability Act (FELA), which permits suit against railroads for an employee's injury that results in whole or in part from the railroad's negligence. A jury returned a verdict in Employee's favor and awarded Employee $300,000 in damages. The Supreme Court affirmed, holding (1) the trial court did not err in allowing evidence of drainage problems and failing to enter a judgment as a matter of law on foreseeability; (2) the trial court did not abuse its discretion in denying Employer's motion for a new trial; (3) the trial court did not err in permitting Employee to receive post-judgment interest from the date of the verdict until the entry of judgment; and (4) the trial court did not abuse its discretion by granting Employer a set-off on the judgment. View "Jacobs v. Dakota, Minn. & E. R.R. Corp." on Justia Law