Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court affirmed in part and reversed in part the order of the circuit court granting partial summary judgment to Plaintiffs in this tort action for damages arising from a motor vehicle accident in which Beverly Winkler sustained fatal injuries and awarding damages to Plaintiffs after a bench trial, holding that the damages award must be recalculated.Plaintiffs sued Defendant, the personal representative of Beverly's estate, for negligence. The circuit court concluded that Beverly was negligent per se upon partial summary judgment, and the parties proceeded to a bench trial on the issue of damages. The circuit court awarded judgment to Plaintiffs and awarded a total of $36,499. The Supreme Court reversed in part, holding that the circuit court erred by not assessing monetary relief for the cost of replacing a battery to Plaintiffs' tractor, which was damaged in the accident. View "Lamb v. Winkler" on Justia Law

The Supreme Court affirmed the order of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation approving Claimant's request for benefits, holding that there was no error.Claimant injured her shoulder and necker while working for Employer. While Employer and Insurer initially paid Claimant benefits, her claim for surgery and additional benefits was subsequently denied. Claimant filed a petition seeking a hearing on her claims. Thereafter, the Department approved Claimant's request for benefits. The Supreme Court affirmed, holding (1) Claimant's work injury was a major contributing cause of her impairment and need for treatment; and (2) there was no error in the Department's findings concerning medical opinion testimony or causation. View "News America Marketing v. Schoon" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting summary judgment for Landlord in this action brought by Tenant for damages arising from a bite from a dog owned by another tenant, holding that the circuit court did not err when it granted summary judgment to Landlord as to Tenant's general negligence and negligence per se claims.Tenant commenced this civicl action alleging that Landlord was negligent for failing to exercise ordinary care in the control, management, warning, and care of its property and was negligent per se for owning or keeping a "vicious dog" a public nuisance. See S.D. Codified Laws 40-34-13. The circuit court granted summary judgment for Landlord, noting that Landlord did not have actual knowledge of the animal's dangerous propensities. The Supreme Court affirmed, holding that the circuit court properly granted summary judgment to Landlord on Tenant's claims, nor did it abuse its discretion in denying Tenant's motion under S.D. R. Civ. P. 56(f). View "Davies v. GPHC, LLC" on Justia Law

The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of a general contractor based on the general contractor's statutory immunity under S.D. Codified Laws 62-3-10, holding that the circuit court properly concluded that workers' compensation was the sole remedy available to Appellant.Plaintiff received a work-related injury at a construction site where his employer was a subcontractor. Plaintiff received workers' compensation benefits from his employer and then filed a negligence claim against the construction project's general contractor. The general contract subsequently amended its answer to assert statutory immunity under section 62-3-10. The circuit court granted summary judgment for the general contractor, concluding that the general contractor remained potentially liable for workers' compensation under S.D. Codified Laws 62-3-10 and, because of the exclusivity provisions of section 62-3-2, workers' compensation was Plaintiff's sole remedy. The Supreme Court affirmed, holding that the circuit court did not err in granting summary judgment for JM. View "Ries v. JM Custom Homes, LLC" on Justia Law

In this tort suit brought against an employer by an employee the Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying both parties' motions for summary judgment, holding that the court erred in denying the employer's motion for summary judgment.The employee in this case died after falling off the roof of a building he was working on for a subcontractor. After the employee's estate brought this tort action the employer moved for summary judgment, asserting that under S.D. Codified Laws 62-3-2, workers' compensation was the estate's exclusive remedy. In response, the estate argued that the exception to S.D. Codified Laws 52.-3-2 for intentional torts applied. The circuit court denied summary judgment for either party. The Supreme Court reversed in part, holding that there was no issue of material of fact in dispute on the question of whether the employer committed an intentional tort in this case. View "Althoff v. Pro-Tec Roofing, Inc." on Justia Law

The Supreme Court affirmed the judgment of the circuit court affirming the determination of the Department of Labor and Regulation that Appellant was not permanently totally disabled, holding that Appellant failed to sustain his claim for permanent total disability.While he was employed by Rapid City Regional Hospital (RCRH) Appellant claimed he sustained two work-related head injuries that caused ongoing mental impairments. Appellant sought workers' compensation benefits from RCRH and its insurer, but the Department denied the claim, finding (1) Appellant failed to prove his work injuries were a major contributing cause of his mental impairments, and (2) Appellant failed to establish that he was permanently disabled. The Supreme Court affirmed, holding that the Department and circuit court properly concluded that Appellant was not permanently totally disabled. View "Baker v. Rapid City Regional Hospital" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the circuit court granting summary judgment dismissing claims brought by Luke McAllister, McAllister TD, LLC (MTD), and B-Y Internet, LLC (B-Y) (collectively, McAllisters) against Yankton County, holding that the circuit court erred in part.Yankton County brought an action seeking an injunction against the McAllisters to cease a business that the County alleged was operating in violation of a zoning ordinance. The McAllisters asserted counterclaims for barratry and abuse of process, filed a third-party complaint asserting an abuse of process claim against Yankton County entities, and added a claim against the County's attorney and zoning administrator. The circuit court dismissed all of the McAllisters' claims. The Supreme Court reversed in part, holding that the circuit court erred in granting summary judgment for Yankton County as to barratry counterclaims filed by Luke and MTD. View "Yankton County v. McAllister" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court affirming the decision of the Department of Labor of Regulation granting Employer/Insurer's motion for summary judgment regarding medical expenses Claimant incurred while being treated by Dr. Donald Corenman, holding that the circuit court erred in part.Employer and Insurer denied coverage for the medical expenses Claimant incurred by being treated for her back injury by Dr. Corenman. Claimant filed a petition for hearing with the Department, which granted summary judgment for Employer/Insurer as to these medical expenses. The circuit court affirmed. Claimant appealed, and Employer/Insurer filed a notice of review regarding an earlier Department ruling. The Supreme Court reversed in part, holding that the Department erred in granting summary judgment denying compensation for Dr. Corenman's medical services. View "Dittman v. Rapid City School District" on Justia Law

The Supreme Court held that the circuit court did not err when it granted Nationwide's motion for summary judgment on its complaint seeking a declaratory judgment regarding its duty to indemnify and defend Defendants against a personal injury lawsuit stemming from an accident on their farm.Nationwide issued a farm liability insurance policy for Defendants' farm and cattle ranch operation. After an accident resulted in permanent injuries to a relative, the relative filed a personal injury action against Defendants and their business entities. Nationwide then commenced this declaratory judgment action to determine the extent of its obligation to defend or indemnify Defendants. The circuit court granted summary judgment for Nationwide, concluding that a "Recreational Vehicle Liability Coverage Endorsement" in the policy operated to exclude coverage for the accident. The Supreme Court affirmed, holding that the circuit court properly granted summary judgment based on the language in the Recreational Vehicle Endorsement. View "Nationwide Agribusiness v. Fitch" on Justia Law

The Supreme Court reversed in part the decision of the circuit court granting summary judgment in favor of David Straight on Doug Gantvoort's claims asserting intentional invasion of privacy, aiding and abetting others in the invasion of his privacy, and civil conspiracy, holding that the circuit court erred in granting summary judgment as to the aiding and abetting count.Doug sued his former wife, Mary Ranschau, and Strait, her attorney, alleging claims arising from the divorce proceedings between Doug and Mary. During their divorce, Mary placed a hidden recording device in Doug's office, and Strait accepted fifty-one of those records, attempting to introduce two of them into evidence during trial. The circuit court granted summary judgment in favor of Strait on all counts. The Supreme Court reversed in part, holding that the circuit court (1) erred in granting Strait summary judgment on Doug's claim for aiding and abetting Mary's invasion of privacy; but (2) correctly granted summary judgment on the remaining counts. View "Gantvoort v. Ranschau" on Justia Law