Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the circuit court in favor of Children's Care Hospital and School (CCHS) as to Benjamin Graff's complaint alleging that CCHS was negligent and inflicted emotional distress by using physical restraints on him when he received services at CCHS, holding that the circuit court did not err in excluding various Department of Health surveys and by taxing partial disbursements against Graff's parents.Graff, who was in the moderately to severely impaired range of intellectual ability, was receiving services through CCHS when, as a teenager, he began acting out aggressively. CCHS employees used physical restraints on him. Through his parents acting as guardians ad litem, Graff commenced this action alleging, among other things, that CCHS was negligent in its use of physical restraints on him. A jury returned a verdict in favor of CCHS on all of Graff's claims. The circuit court taxed partial disbursements against Graff's parents. The Supreme Court affirmed, holding (1) the circuit court's exclusion of the Department of Health surveys did not prejudice Graff; and (2) the circuit court did not abuse its discretion when it apportioned disbursements against Graff's parents. View "Graff v. Children’s Care Hospital & School" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying Karen Dunham's petition for writ of certiorari challenging the decision of the Lake County Board of Adjustment (Board) approving Hodne Homes, LLC's requests for a variance and conditional use permit (CUP), holding that the Board exceeded its authority in granting the variance but did not exceed its legal authority when it approved the CUP.Hodne Homes purchased a Lake County lot to build a facility to store and display boats. Hodne Homes sought the variance and CUP because the proposed facility exceeded the size and setback restrictions for the lot under the Lake County Zoning Ordinance. Dunham, an adjoining landowner, objected, but the Board granted both requests. The court of appeals denied Dunham's petition for writ of certiorari challenging the Board's decision. The Supreme Court reversed in part, holding (1) the Board exceeded its legal authority under the ordinance when it approved the variance; and (2) the Board did not exceed its authority under the ordinance when it approved the CUP, the Board's decision did not violate Dunham's due process rights, and the Board committed no procedural errors in its approval of the CUP. View "Dunham v. Lake County Commission" on Justia Law

The Supreme Court dismissed for lack of appellate jurisdiction Appellants' appeal from the circuit court's order granting summary judgment dismissing some but not resolving all of the parties' claims, holding that the circuit court's summary judgment order was indisputably not final.The circuit court's order granting summary judgment did not resolve all of the parties' claims, and it was not certified as a final decision prior to Appellants' appeal. The Supreme Court dismissed the appeal without reaching the merits of the appeal, holding that because the circuit court resolved only part of the case and the summary judgment order did not cite S.D. Codified Laws 15-6-54(b) (Rule 54(b)), did not designate the order as final, and was not accompanied by a reasoned statement supporting a Rule 54(b) certification, this Court lacked appellate jurisdiction. View "Huls v. Meyer" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Defendant's motion for judgment of acquittal after a jury found Defendant guilty of aggravated assault, holding that there was sufficient evidence to support the verdict.After a trial, the jury found Defendant guilty of aggravated assault. Defendant moved for judgment notwithstanding the verdict, which the circuit court denied. The court sentenced Defendant to a seven-year term of imprisonment, suspended in favor of probation for three years. Defendant appealed the denial of his motion for judgment of acquittal. The Supreme Court affirmed, holding that the State proved every element of aggravated assault, and a rational trier of fact could have found Defendant guilty beyond a reasonable doubt. View "State v. Ware" on Justia Law

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

In this dispute over the sale proceeds from an auction of cattle the Supreme Court affirmed in part and reversed in part the entry of partial summary judgment on Plaintiff's claim for the sale proceeds, holding that Defendant had a right to pursue his disputed claim for an additional $12,500.Pursuant to the terms of a sales agreement Plaintiff purchased cows and calves from Defendant. The agreement required Plaintiff to pay for the cattle in installments, with Defendant retaining a security interest in the cattle. After Plaintiff sold the remaining cows purchased from Defendant at auction Plaintiff calculated a payoff to Defendant to satisfy the balance of the agreement, with a remaining balance paid to Plaintiff. When Defendant refused to allow any of the sale proceeds to be released from the auction barn Plaintiff brought this action. The circuit court granted Plaintiff's motion for partial summary judgment on its claim for the sale proceeds and entered judgment against Defendant for $185,718. The Supreme Court held (1) Defendant's appeal from the order denying his motion for change of venue is dismissed for lack of jurisdiction; and (2) disputed facts existed concerning Defendant's claim that he was owed an additional $12,500 under the sales agreement. View "Stromberger Farms, Inc. v. Johnson" on Justia Law

The Supreme Court affirmed the circuit court's decision invalidating the will and codicil of Dora Lee Gaaskjolen on the basis of undue influence, holding that the circuit court's determination of undue influence was not clearly erroneous.Dora Lee and her husband, Marlin, executed reciprocal wills giving their property to one another upon death, and their daughters, Audrey and Vicki, were named as equal, alternate beneficiaries. After Marlin died, Dora Lee executed a new will and, later, another will and codicil that disinherited Vicki and left her entire estate to Audrey. After Dora Lee died, Vicki challenged the will and codicil, claiming that Dora Lee lacked testamentary capacity and that Audrey had unduly influence Dora Lee. The circuit court concluded that Dora Lee had testamentary capacity but that Dora Lee's last will and codicil were the result of undue influence by Audrey. The Supreme Court affirmed, holding that the circuit court did not err in finding the last will and the codicil invalid because of Audrey's undue influence. View "In re Estate Of Gaaskjolen" on Justia Law

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

The Supreme Court affirmed the judgment of the circuit court in favor of Excel Underground, Inc. on its breach of contract claim against the Brant Lake Sanitary District, holding that the circuit court did not err in any of its challenged rulings.The District contracted with Schmitz, Kalda, and Associates, Inc. (SKA) to engineer a sewer system and with Excel to install it. After delays, the District terminated Excel's contract. The District and Excel subsequently sued each other for breach of contract. The District also filed a third-party complaint against SKA for contribution and indemnity. Prior to trial, the trial court granted Excel's motion to dismiss the District's claim for liquidated damages and dismissed SKA from the suit. After a jury trial, the jury returned a verdict in favor of Excel. The Supreme Court affirmed, holding (1) the circuit court did not err by dismissing the District's claim for liquidated damages; (2) despite any error in the district court's instruction that SKA was the District's agent, the District failed to establish prejudice; (3) the circuit court did not err by allowing testimony regarding the District's emergency bidding procedures; and (4) the evidence was sufficient to support the jury's damage award. View "Excel Underground, Inc. v. Brant Lake Sanitary District" on Justia Law

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