[¶1.] As part of her wrongful termination and breach of contract suit against her company, plaintiff also sued a company officer. She asserted that the company officer, to advance his own interests, tortiously interfered with her contractual relationship by advocating for the nonrenewal of her employment contract. Ruling that no such cause of action could be brought against a company officer, the... More...   $0 (09-10-2008 - SD)

[¶1.] Abdelaziz Baddou (Baddou) filed suit against Carla Jean Hall (Hall) alleging negligence arising out of an accident in which Hall's vehicle struck the rear end of Baddou's vehicle. The case was tried to a jury which found no negligence. Baddou appeals from an order denying his motion for judgment as a matter of law and his motion for new trial. We affirm.

FACTS AND PROCEDURAL HISTORY<... More...   $0 (10-02-2008 - SD)

[¶1.] As part of her wrongful termination and breach of contract suit against her company, plaintiff also sued a company officer. She asserted that the company officer, to advance his own interests, tortiously interfered with her contractual relationship by advocating for the nonrenewal of her employment contract. Ruling that no such cause of action could be brought against a company officer, the... More...   $0 (09-18-2008 - SD)

C & W Enterprises, Inc., appeals from a United States District Court for the District of South Dakota order permanently enjoining the Second Judicial Circuit Court of South Dakota (“state court”) from confirming an arbitration award against the Oglala Sioux Tribe for lack of subject matter jurisdiction. We vacate the permanent injunction, and remand for further proceedings.

I. Backgroun... More...   $0 (09-05-2008 - SD)

[¶1.] DJBAS Living Trust (Trust) bid $10,000 for real property at a sheriff’s sale. The judgment on the real property was $99,507.56 plus post-judgment interest, attorney’s fees, taxes, and other advancements. CorTrust Mortgage, Inc. (CorTrust) was authorized to bid the judgment amount, but missed the sheriff’s sale by three minutes. South Dakota Housing Development Authority (SD Housing) m... More...   $0 (08-13-2008 - SD)

[¶1.] On November 15, 2002, Diane Mousseau (Mousseau) filed suit against Steven B. Schwartz, M.D., and Steven B. Schwartz, M.D., P.C., d/b/a West River Neurosurgery & Spine (collectively Dr. Schwartz) alleging medical malpractice. The case was tried to a jury on February 12-15, 2006, in the South Dakota Seventh Judicial Circuit. The jury entered a verdict for Dr. Schwartz and on February 21, 2006... More...   $0 (08-24-2008 - SD)

[¶1.] Two landowners dispute title on two parcels of land, a 100-foot strip and a 33-foot strip. One landowner claims title based on two deeds and the other through adverse possession and reversionary interests. After several motions and cross motions for summary judgment, the circuit court quieted title to both parcels in favor of the deed holder. We affirm in part, reverse in part, and remand.<... More...   $0 (08-14-2008 - SD)

[¶1.] This case arises out of a one-car accident in a city park in Rapid City, South Dakota (the City). Adam Hohm (Adam) was severely injured when the car in which he was a passenger skidded off a street in the park and landed upside down in a nearby canal. Adam's parents, Dean and Jean Hohm (Hohms), acting as Adam's guardians and conservators, brought suit against the City alleging breach of var... More...   $0 (07-29-2008 - SD)

[¶1.] Joseph Berbos purchased real property from Harold and Gwen Krage on a contract for deed. When the parties disputed ownership of a building encroaching onto land not sold in the contract, Berbos withheld his last payment and brought suit for specific performance. After a hearing, the circuit court granted summary judgment for Berbos, ruling that the parties intended to convey the entire buil... More...   $0 (07-16-2008 - SD)

[¶1.] On August 22, 2006, Carol Wellnitz (Wellnitz) and her auto insurance provider, Progressive Halcyon Insurance Co. (Progressive), filed a declaratory judgment action in the South Dakota Third Judicial Circuit seeking a determination that immunity extended to her under South Dakota’s workers’ compensation statute, SDCL 62-3-2, for an injury that she caused to Sylvia Ruhr (Ruhr). On Februar... More...   $0 (07-29-2008 - SD)

Lloyd Goings appeals the district court’s adverse grant of summary judgment in his Federal Tort Claims Act (FTCA) lawsuit.

In his verified complaint, Goings, a Vietnam veteran, alleged that the Department of Veterans Affairs (VA) had lost his medical records from 1970 through 1992, thereby causing his claim for social security disability insurance benefits to be denied. The district court... More...   $0 (07-18-2008 - SD)

Bobby L. Johnson brought an action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671, against the United States alleging Bureau of Indian Affairs (BIA) correctional officer Shobe Little Light (Little Light) and Standing Rock Sioux Tribal Police Officer Gary Sandland committed the following torts while arresting him in September 2003: (1) false and unlawful arrest; (2) arrest w... More...   $0 (07-28-2008 - SD)

[¶1.] James and Carol DeHaven (DeHavens) appeal from a judgment declaring that Don and Sherrie Hall (Halls) possess a permanent right-of-way easement over DeHavens' property, ordering Halls to reasonably maintain and repair the easement, and granting DeHavens $2,358 in damages as well as taxation of disbursements. Halls filed a notice of review. We affirm in part, reverse in part, and remand.
... More...   $0 (07-19-2008 - SD)

[¶1.] Sioux Equipment installed a fuel storage and dispensing system on real property owned by Clark County (County). County and the State of South Dakota Petroleum Release Compensation Fund (PRCF) sued Sioux Equipment when the system leaked and released diesel fuel into the environment. Sioux Equipment moved for summary judgment on the ground that a ten-year statute of repose barred County’s a... More...   $0 (07-19-2008 - SD)

[¶1.] This case arises out of a one-car accident in a city park in Rapid City, South Dakota (the City). Adam Hohm (Adam) was severely injured when the car in which he was a passenger skidded off a street in the park and landed upside down in a nearby canal. Adam's parents, Dean and Jean Hohm (Hohms), acting as Adam's guardians and conservators, brought suit against the City alleging breach of var... More...   $0 (07-19-2008 - SD)

[¶1.] Joseph Berbos purchased real property from Harold and Gwen Krage on a contract for deed. When the parties disputed ownership of a building encroaching onto land not sold in the contract, Berbos withheld his last payment and brought suit for specific performance. After a hearing, the circuit court granted summary judgment for Berbos, ruling that the parties intended to convey the entire buil... More...   $0 (07-19-2008 - SD)

The Governor and Attorney General of South Dakota ("the State"), along with the intervenor crisis pregnancy centers, appeal the district court's preliminary injunction preventing the 2005 version of South Dakota's statute regulating informed consent to abortion from becoming effective. For the reasons discussed below, we vacate the preliminary injunction and remand to the district court for fu... More...   $0 (06-28-2008 - SD)

[2.] NATT is a South Dakota corporation with its principal place of business in Sioux Falls, South Dakota. MCI is a Delaware corporat... More...   $0 (06-19-2008 - SD)

Appellant, Larry Ray Smith ("Smith"), brought an action pro se against Appellees, Gold Dust Casino, Full House, Inc., Harry Christianson, Brian Carmichael, and Tony Milos (collectively "Gold Dust"), alleging that he had been discharged from his employment with Gold Dust in violation of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq. The district court, on Gold Du... More...   $0 (05-28-2008 - SD)

[2.] Milbank Insurance Co. (Milbank) issued the automobile liability policy in question to Peterson Farms. Brad, Lenny and ... More...   $0 (05-09-2008 - SD)

In November 2001, the So... More...   $0 (05-08-2008 - SD)

JACOBSON'S... More...   $0 (03-12-2008 - SD)

[1.] The owners of Lot 696, Palisades Stone Placer, Lawrence County, South Dakota began subdividing their property in 1979. After each subdivision, the owners filed and recorded a plat with the Register of Deeds. On the first plat, the owners created Tract D, which was burdened by one easement. In three subsequent plats that created new tracts, the owners established additional easements burdening... More...   $0 (03-23-2008 - SD)

[1.] James Osman sued Dean Karlen, Karlen & Associates, Inc., and Gary Peterson alleging breach of contract and retaliatory discharge. After a bench trial, the circuit court found against Peterson on the breach of contract claim. The circuit court dismissed the retaliatory discharge claim and directed a verdict in favor of Karlen and Karlen & Associates, Inc. on the breach of contract claim. Peter... More...   $0 (03-10-2008 - SD)

We conclude dismissal was proper as to Ziegler's USERRA and VEOA claims, ... More...   $0 (02-05-2008 - SD)

Cargill Meat Solutions Corporation, Swift Beef Company, and Tyson Fresh Meats, Inc. (collectively the "Packers") appeal the district court's judgment entered after a jury trial in a class action brought under the Packers and Stockyards Act (PSA). The Packers argue, inter alia, that the district court improperly instructed the jury that the Packers could be liable for violating § 202(e) of the ... More...   $0 (02-05-2008 - SD)

Richard M. Jones sued Swanson under South Dakota's alienation of affecti... More...   $0 (01-18-2008 - SD)

Gaylen Klutman, age 23, sued the Sioux Falls Strom an SMG, the company that manages the Sioux Falls Arena, on a negligence theory claiming that as a direct result of defendants' failure to use due care in conducting a charity football game in the aren. Klutman claimed that he sustained a serious knee injury when his foot got caught in a fold or flap in the arena turf after he caught a pass and... More...   $500000 (01-13-2008 - SD)

[1.] In this collection action, a debtor representing himself advances several dubious legal theories on why he should not be responsible for paying his entire credit card debt. In circuit court, a judgment was entered against him for the whole amount. Despite some of the debtor's questionable arguments, however, it appears that he was in fact defrauded in a telemarketing swindle. Therefore, ... More...   $0 (01-08-2008 - SD)

[1.] In connection with a suit claim, stemming from a November 10, 1998 fire at their residence, plaintiffs Paul, Sharon, Jim, John and Eric Eischen (collectively "Eischens") filed a negligence claim against defendants, Wayne Township Volunteer Fire Department (the "Volunteer Fire Department") and Wayne Township (defendants hereafter collectively, the "Township"), on November 9, 2001. On July... More...   $0 (01-08-2008 - SD)

[2.] On May 1, 2001, Up... More...   $0 (12-12-2007 - SD)

[1.] Ronald J. Holecek appeals the circuit court's grant of summary judgment and denial to vacate the same. The circuit court determined that Holecek lacked standing to bring the lawsuit to quiet title over a property belonging to Robert T. Sundby and Ganae M. Warrington (hereinafter collectively referred to as Sundby). Additionally, the circuit court granted Sundby's summary judgment motion ... More...   $0 (12-18-2007 - SD)

Forty-seven-year-old Jeff Blakeman applied for Social Security disability benefits in July 2003, claiming a disability onset date of October 1, 1997. He suffers from a genetic heart condition that allegedly causes disabling fatigue, dizziness, shortness of breath, and arrhythmia. The administrative law judge (ALJ) held a hearing on December 13, 2004, and found Blakeman not disabled. The A... More...   $0 (12-10-2007 - SD)

[1.] On January 24, 2006, Robert Marschke (Marschke) filed a summons and complaint against Nathan J. Wratislaw, individually and d/b/a Montana Muscle and Classics, LLC (Montana Muscle) (collectively "Wratislaw"), in the South Dakota Seventh Judicial Circuit. On April 24, 2006, Wratislaw filed a motion to dismiss for lack of personal jurisdiction pursuant to SDCL 15-6-12(b). The circuit court ... More...   $0 (12-11-2007 - SD)

DeDe Engel brought claims against the Rapid City School District ("RCSD") alleging sex discrimination under both Title VII and South Dakota law, based on a hostile work environment created by a co-worker's sexual harassment. She also brought a constructive discharge claim under Title VII, and state-law claims alleging negligent hiring, supervision, and retention of the co-worker, and negl... More...   $0 (11-09-2007 - SD)

[2.] Boyer and Dennis own adjoining parcels of land. The northern border of Boyer's property (Lot B) is the southern border of Dennis' property (Lot L1). Boyer purchased Lot B with his wi... More...   $0 (11-20-2007 - SD)

[2.] Stan and Mike Kopfmann obtained a Hand County building permit to construct the hog barn for 960 animal units. Woodruff, who resided 1.8 miles away, requested the ... More...   $0 (11-08-2007 - SD)

[1.] Linda C. Buchholz (Linda) passed away, leaving a State of South Dakota retirement plan naming her ex-spouse, Harold E. Storsve (Storsve), as the primary beneficiary. Linda's surviving spouse, Walter L. Buchholz (Buchholz), filed a declaratory judgment action seeking revocation of the retirement plan's beneficiary designation and an order declaring Buchholz the lawful beneficiary of Linda's... More...   $0 (10-08-2007 - SD)

[2.... More...   $0 (09-28-2007 - SD)

[1.] This case involves the continuing conflict between Bruce Lien (Bruce) and Deanna Lien (Deanna) and Pete Lien & Sons, Inc. (PLS or corporation). We previously decided Lien v. Lien, 2004 SD 8, 674 NW2d 816 (Lien I), in which Bruce brought an action against PLS and its directors alleging minority shareholder oppression, breach of fiduciary duty, and tortious interference with prospective busi... More...   $0 (09-28-2007 - SD)