Justia South Dakota Supreme Court Opinion Summaries

Eric Kolda, a City of Yankton police officer, was terminated for violating police department policies. The City terminated Kolda by delivery of a termination letter. Kolda appealed, and the city manager upheld Kolda’s termination for cause. Kolda did not appeal to the Department of Labor and Regulation but, instead, filed a wrongful discharge action in circuit court. The circuit court ruled that Kolda could only be terminated for cause with notice and that the City failed to provide pre-termination notice. A jury found cause for the termination, and Kolda’s wrongful discharge claim was denied. However, the circuit court awarded Kolda procedural due process damages for lost wages that accrued between the time of his summary termination and the post-termination evidentiary hearing. Both parties appealed. The Supreme Court reversed and remanded for the circuit court to vacate the award of damages because Kolda failed to exhaust his administrative remedies, and the circuit court thus lacked jurisdiction to resolve Kolda’s claims. View "Kolda v. City of Yankton" on Justia Law

Employee was injured at work and underwent surgery. Employee’s health insurer covered the surgery’s costs at a discounted rate. After the Department of Labor found Employer liable for Employee’s condition Employer accepted Employee’s claim and reimbursed Employee for his out of pocket expenses and reimbursed Employee’s insurer for payments it made on Employee’s behalf. Employee challenged the payment, arguing that Employer was required to pay the full medical expense without the health insurance discount. The Department concluded that Employer fulfilled its obligation. The circuit court reversed and found Employer liable for the full medical expense billed before adjustments. Employer appealed. The Supreme Court reversed the circuit court and reinstated the Department’s order, holding that the Department correctly applied the law in determining that Employer satisfied its statutory reimbursement obligation. View "Whitesell v. Rapid Soft Water & Spas, Inc." on Justia Law

Claimant worked for more than ten years as a diesel mechanic for Employer. Claimant had several incidents while working for Employer which he claimed caused neck, back, shoulder, and arm pain. Claimant later submitted a workers' compensation claim and three first reports of injury. Claimant then petitioned the Department of Labor, which denied Claimant workers' compensation benefits based on its finding that Claimant failed to prove by a preponderance of the evidence that his employment was a major contributing cause of his current condition and need for treatment. The circuit court affirmed but slightly modified the Department's decision. The Supreme Court reversed, holding that Claimant established by a preponderance of the evidence that his employment was a major contributing cause of his current condition and need for treatment. Remanded. View "Smith v. Stan Houston Equip. Co." on Justia Law

The day after Julie served her husband Steven with a summons and complaint for divorce, Steven shot and killed Julie near her car in Julie's employer's parking lot. The personal representative of Julie's estate sought worker's compensation benefits for her death, asserting that Julie's death arose out of her employment. Julie's employer (Employer) denied benefits, as did the South Dakota Department of Labor and Regulation. The circuit court affirmed. The Supreme Court also affirmed, holding that even though the assault occurred on Employer's premises, the assault could not be attributed to Julie's employment, and therefore, Julie's death did not "arise out of" her employment. View "Voeller v. HSBC Card Servs., Inc." on Justia Law

Plaintiff, an in-home registered nurse, was injured in an automobile accident while driving her employer's vehicle to to a patient's home to perform her nursing duties. Plaintiff incurred $382,849 in medical expenses as a result of the accident. After Plaintiff's employer's workers compensation carrier (AIG) denied Plaintiff's workers compensation claim, Plaintiff filed a medical payments claim with Allstate, with whom Plaintiff had a personal automobile insurance policy that provided $100,000 in medical payments coverage. Allstate failed to provide medical payments benefits immediately to Plaintiff. Plaintiff and AIG later settled Plaintiff's worker's compensation claim for $150,000. Plaintiff then commenced this breach of contract and bad faith action against Allstate based on Allstate's failure to pay medical benefits. The circuit court granted judgment as a matter of law for $33,000 on the breach of contract claim and awarded $150,000 in compensatory damages and $1,500,000 in punitive damages on the bad faith claim. The Supreme Court reversed in part, holding that the circuit court erred in excluding Allstate's evidence of AIG's acceptance of the worker's compensation claim, and that exclusion prejudiced Allstate's ability to defend the bad faith and punitive damages claims. View "Bertelsen v. Allstate Ins. Co." on Justia Law

Plaintiff was a teacher employed by the Beresford School District. In 2011, the Beresford Board of Education voted not to renew Plaintiff's teaching contract for the upcoming year as part of a reduction-in-force (RIF). Plaintiff appealed, arguing that the Board utilized the wrong RIF policy in not renewing her contract. The circuit court affirmed. The Supreme Court affirmed, holding (1) the Board correctly found that the policy for reductions in force was governed by a 2010-2011 negotiated agreement and properly followed the staff reduction policy contained in that agreement in deciding to terminate Plaintiff's employment; (2) the Board correctly applied the 2010-2011 RIF policy; and (3) the Board's decision to eliminate Plaintiff's position was not arbitrary, capricious, or an abuse of discretion. View "Huth v. Beresford Sch. Dist." on Justia Law

Claimant was employed full-time by School District (District). The District later notified Claimant it was replacing her full-time position with a part-time position, which would consist of seventy-five percent of the time of Claimant's full-time position and a twenty-five percent reduction in pay. Claimant rejected the offer of the part-time position and filed a claim for unemployment benefits. The Department of Labor and Regulation, Unemployment Insurance Division concluded that Claimant was eligible to receive unemployment benefits, and an ALJ affirmed. The Secretary of the Department of Labor reversed, finding that Claimant was not eligible to receive unemployment benefits. The circuit reversed, concluding that the part-time position was not "suitable" employment and that Claimant had good cause to reject the offer. The Supreme Court affirmed, holding that Claimant was eligible for unemployment benefits because the twenty-five percent pay reduction made the part-time position unsuitable and gave Claimant good cause to reject the new position. View "Easton v. Hanson Sch. Dist. 30-1 " on Justia Law

Appellant worked for the City of Sioux Falls as an assistant city attorney. In 2010, Appellant was terminated for violating various subsections of the Sioux Falls City Ordinance. Appellant appealed and applied for an alternative writ of mandamus to compel discovery of certain documents including personnel records of other city employees. The trial court denied the writ, determining that the files were not relevant to Appellant's appeal of his termination. The Supreme Court affirmed, holding (1) the trial judge had jurisdiction to preside over the writ of mandamus; (2) the trial court did not abuse its discretion in denying the writ of mandamus, as Appellant did not prove the existence of a clear legal duty to act; and (3) the trial court did not abuse its discretion in denying Appellant's motion for a new trial. View "Tornow v. Sioux Falls Civil Serv. Bd." on Justia Law

After Plaintiff's surgeon, Dr. Krouse, performed wrist surgery on Plaintiff's left wrist, Plaintiff visited another orthopedic surgeon, Dr. Curd, complaining of continuing pain. Dr. Curd concluded that another surgery was necessary to remove the metal plate and screws implanted by Dr. Krouse. After the surgery was performed, Plaintiff brought suit for medical malpractice against Dr. Krouse and the hospital in which she was treated during her first surgery. A jury returned a verdict for Dr. Krouse. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in (1) excluding another doctor's previously undisclosed opinion that Dr. Krouse breached the standard of care; and (2) rejecting Plaintiff's proposed jury instruction on res ipsa loquitor. View "Thompson v. Avera Queen of Peace Hosp." on Justia Law

Claimant was injured on a job site while working in North Dakota for the North Dakota office of Hamm & Phillips Service Company. Claimant worked about sixty percent of the time in North Dakota and about thirty-five percent of the time in South Dakota and lived in South Dakota. Claimant filed for and received benefits through North Dakota's workers' compensation agency, but after about nine months of benefits, he received a benefit denial notification from the agency. Claimant then filed a claim for workers' compensation benefits in South Dakota. While awaiting adjudication of that claim, Claimant died of causes unrelated to his injury. His wife (Wife) sought to substitute herself as a party in the South Dakota claim. The South Dakota Department of Labor granted Wife's motion to substitute but dismissed the claim for lack of statutory jurisdiction. The circuit court reversed the motion to substitute Sharon and affirmed the dismissal for lack of statutory jurisdiction. The Supreme Court (1) affirmed the circuit court's dismissal for lack of statutory jurisdiction because South Dakota was not the location of the employment relationship; and (2) did not reach the issue of substitution. View "Knapp v. Hamm & Phillips" on Justia Law