South Dakota Imputed Fault Law

<h2> <center> Seamus Culhane, Turbak Law Office, P.C., Thomas Dickson and Dickson Law Office v. Bill Trovson

Watertown, South Dakota, lawyers represented the parties in a declaratory judgement actions. Bill Thovson, a South Dakota resident, contacted attorney Seamus Culhane, a South Dakota attorney, following the tragic death of Thovson’s wife, Paula, as a result of a car accident in North Dakota on July 28, 2020. Culhane agreed to represent Thovson and his minor daughter in relation to Paula’... More...

$ (04-17-2026 - SD)

Albert Corey Holman v. Donald A. Ossenfort

Rapid City, South Dakota personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence theory. South Dakota permits a plaintiff to recover damages so long as their fault was "slight." Flipping this around, a defendant's fault must be "gross" (or great) for a defendant to be liable for a plaintiff's injuries. Lawyers call this "slight-gross negligence," and it can... More...

$1 (05-02-2024 - SD)

Carlos Espinoza v. Jedidiah Fowler

Pierre, South Dakota personal injury lawyer represented the Plaintiff who sued on an auto negligence theory. In South Dakota, car accident liability is primarily determined based on fault. This means that the party responsible for causing the accident is typically held liable for the resulting damages. This is because South Dakota follows a modified comparative negligence rule. ... More...

$1 (03-05-2024 - SD)

Baunita K. Fernandez v. Derek Wietjes and Headlight Trucking, LLC

Pierre, South Dakota personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theories. South Dakota has the "slight negligenceâ€ system in which the plaintiff may recover a proportionate fault share of his damages only so long as the trier of fact finds the plaintiff's negligence to be "slightâ€ in comparison to the negligence of ... More...

$0 (01-24-2024 - SD)

Jeron Winter and Richael Winter v. J. H., aminor

Sioux Falls, South Dakota personal injury lawyer represented the Plaintiffs who sued the Defendant on an auto negligence theory claimed to have suffered more than $75,000 in damages and/or injuries as a direct result of a car wreck caused by J.H., a minor. Key Elements of South Dakota Auto Negligence Law: Duty of care: Every driver in South Dakota has a duty to operate their ... More...

$1 (12-08-2023 - SD)

Brandon Bash and Kate Bash v. Nicholas Alleman and Specialty Trucks

Rapid City, South Dakota personal injury lawyer represented the Plaintiffs who sued the Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a car truck accident caused by Nicholas Alleman while driving a vehicle owned by Specialty Trucks. Key Elements of South Dakota Auto Negligence Law: Duty of c... More...

$1 (12-19-2023 - SD)

Alexander Levene and David Husman v. Staples Oil Co., Inc., et al.

Sioux Falls, South Dakota personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered more than $2 million in damages and/or injuries as a direct result of a car truck wreck caused by Albertus Schelhaas while driving a vehicle owned by Staples Oil Co., Inc. "Key Elements of South Dakota Auto Negligence Law: Du... More...

$1 (12-12-2023 - SD)

STEPHANIE BONEBRIGHT v. CITY OF MILLER and SDML WORKERS’ COMPENSATION FUND

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> James Bonebright began his employment with the City of Miller (the City) in 1987, working for t... More...

$0 (04-03-2020 - SD)

CHRISTINA BLANCHARD v. MID-CENTURY INSURANCE COMPANY, also known as FARMERS INSURANCEv. MID-CENTURY INSURANCE and COMPANY v. ERIC C. BLOMFELT, and ERIC BLOMFELT & ASSOCIATES, P.C.

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$0 (09-23-2019 - SD)

CHARLOTTE M. ANDERSEN v. ARTHUR S. ANDERSEN

<center><img width="300" src="http://farm4.static.flickr.com/3084/2623624966_fa968920c4.jpg?v=0"></center> <h2><center><a href="http://www.morelawsuites.com" target="_new">MoreLaw Suites - Legal Suites and Virtual Offices</a> The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 918 - 582-3993 </h2> ... More...

$0 (02-01-2019 - SD)

KAYLA FLUTH v. SCHOENFELDER CONSTRUCTION, INC. and LARRY WEISSER

On June 3, 2012, a disgruntled tenant set off a gas explosion in the basement of one of Weisser’s Mitchell, South Dakota rental properties. The explosion lifted the house off its foundation and caused extensive damage to the interior. After visiting the site, Weisser contacted Schoenfelder to demolish the home and grade the property to normal elevation. [¶3.] Shortly after Schoenfelder began... More...

$0 (09-19-2018 - SD)

STATE OF SOUTH DAKOTA v. TRAVIS ROBERT PHILLIPS <table> <td>

Travis Phillips and Amanda Johnson were married in 2014. Their marriage was often contentious. Phillips suspected Johnson of having affairs, which led to many accusations and arguments. [¶3.] On June 24, 2016, Johnson called Phillips at work to inform him that a law enforcement officer came to their apartment to serve legal papers. The paperwork related to stalking charges filed against Philli... More...

$0 (01-07-2018 - SD)

STATE OF SOUTH DAKOTA v. LISA BETH SLOTSKY

After a traffic stop for speeding in March 2015, the State charged Slotsky with unauthorized ingestion of a controlled substance, driving under the influence, driving while license is revoked, and speeding. Slotsky pleaded not guilty. In August 2015, the circuit court held a change-of-plea hearing. At the hearing, counsel for Slotsky indicated that Slotsky “will plead guil... More...

$0 (07-29-2016 - SD)

STATE OF SOUTH DAKOTA v. RONALD RAY FISCHER, JR.

On the night of July 8, 2013, around 8:30, Fischer failed to stop at a T intersection of two highways in Pickstown, South Dakota. He drove through the intersection and into the parking lot of the Dakota Inn Hotel at a high rate of speed. He struck a boat and two persons standing in the parking lot. Fischer’s vehicle then collided with a pick-up and another vehicle. The two... More...

$0 (02-04-2016 - SD)

State Of Nebraska v. Cullen

Cash Christopher Bell, born in October 2012, was the son of Christopher (Chris) Bell and Ashley Bell. Prior to the events summarized below, Cash had no medical issues. In January 2013, the Bells hired Cullen to work temporarily as a nanny for Cash in their home, pending the opening of a new daycare in June 2013. Cullen’s first day alone with Cash was on January 7, when Ashley returned to work fr... More...

$0 (11-12-2015 - SD)

Jason Petrik v. JJ Concrete, Inc. and EMC Insurance Company

[¶1.] Jason Petrik (Employee) was injured when he ran from a co-worker on the job site after tricking that co-worker out of an air-conditioned truck. JJ Concrete, Inc. (Employer) and EMC Insurance Company (Insurer) denied workers' compensation benefits to Employee because Employee's act was horseplay and, therefore, the injury did not "arise out ofâ€ or "in the course ofâ€ his employmen... More...

$0 (06-03-2015 - SD)

Patrick Nickles v. Kacie Jo Marta Nickles

[¶1.] Patrick and Kacie Nickles divorced. Patrick appeals the circuit court's decisions on child custody, child support, rehabilitative alimony, property division, and attorney's fees. We affirm the circuit court's decision on child custody. On all other issues, we reverse and remand for the entry of findings sufficient to permit appellate review. Facts and Procedural History [¶2.] Kacie... More...

$0 (06-03-2015 - SD)

Rudolf Milbrandt v. Bibb's, Inc.

[¶1.] Milbrandt was injured in an automobile accident during his course of employment for Bibbs, Inc. (Employer). Milbrandt settled a claim against the other driver involved in the accident. Milbrandt used part of the settlement proceeds to repay workers' compensation benefits already paid by Employer. The remaining amount of his settlement, after costs, was determined to be "like damagesâ€ ... More...

$0 (04-01-2015 - SD)

Kerwin Eagleman, et al. v. Diocese of Rapid City, et al.

[¶1.] This appeal requires us to construe statutes of limitation affecting childhood sexual abuse claims against entities that allegedly failed to take steps to safeguard children from known or suspected molesters. Plaintiffs allege that they were sexually abused sometime during the late 1950s through the early 1970s by certain priests, brothers, nuns, and others when they were children attending... More...

$0 (04-15-2015 - SD)

Richard Krier v. Hartford Farmer's Elevator

Sioux Falls, SD - Richard Krier sued the Hartford, South Dakota Farmer's Elevator on a negligence theory claiming that the Defendant killed trees that he planted on his property by pelting fields of herbicide resistant crops to the north and west of his property with a Round-Up-style weed killer in June of 2010. He claimed that 200 ponderosa pine trees along the edge of his property were killed.<... More...

$0 (04-17-2015 - SD)

Cindy Tripp v. Western National Mutual Ins.

Cindy Tripp suffered injuries in a motor vehicle accident and settled her claims against the at-fault driver. She then sought $150,000 from her own insurer, Western National Mutual Insurance Company (Western), an amount which represented the remaining limits of her underinsured motorist (UIM) coverage. When Western only offered $10,000 to settle the UIM claim, Tripp brought suit asserting claims o... More...

$0 (12-29-2011 - SD)

Andrea G. Bjornestad v. Progressive Northern Insurance

Andrea Bjornestad suffered injuries in a motor vehicle accident and settled her claims against the at-fault driver. She then sought $75,000 from her own insurer, Progressive Northern Insurance Company (Progressive), an amount which represented the remaining limits of her underinsured motorist (UIM) coverage. When Progressive offered $25,000 to settle the UIM claim, Bjornestad brought suit assertin... More...

$0 (12-29-2011 - SD)

Western Consolidated Cooperative v. Lynn Pew

[¶1.] Western Consolidated Cooperative (WestCon) sued Lynn Pew for conversion of grain he stole and sold to LaBolt Farmers Grain Company (LaBolt). WestCon also sued LaBolt for conversion for its role in purchasing the stolen grain from Pew. After discovery, WestCon's motion for summary judgment was granted and the circuit court ordered judgment jointly and severally against Pew and LaBolt. LaBolt... More...

$0 (03-09-2011 - SD)

Michael Arnoldy v. Daniel R. Mahoney

[¶1.] Michael and Ann Arnoldy each purchased assignments of judgments against David and Connie Finneman. They used the judgments to redeem land owned by the Finnemans that had been foreclosed. Daniel Mahoney also purchased judgments that he used to redeem the land from Michael. Arnoldys filed this separate declaratory judgment action challenging the validity of the judgments Mahoney used to redee... More...

$0 (12-01-2010 - SD)

DeSmet Farm Mutual Insurance Company of South Dakota v. Gulbranson Development Company, Inc.

[¶1.] Insurer, De Smet Farm Mutual (De Smet) brought a declaratory action against its insured claiming the language of the policy excluded coverage and a duty to defend the insured in an underlying action. De Smet filed a motion for summary judgment; its insured, Gulbranson Development Company, contended coverage existed under a theory of estoppel. The trial court granted the insured's motion in ... More...

$0 (02-25-2010 - SD)

Dakota, Minnesota & Eastern Railroad Corporation v. Acuity f/k/a Heritage Mutual Insurance Company d/b/a Heritage Insurance

[¶1.] Dakota, Minnesota and Eastern Railroad (DM&E) filed this action claiming that Acuity, f/k/a Heritage Mutual Insurance Co. (Acuity), engaged in bad faith and vexatious failure to pay uninsured motorist (UM) benefits. DM&E appeals the circuit court's entry of summary judgment on the claims. Acuity cross-appeals the circuit court's discovery orders compelling Acuity's attorneys to give a depos... More...

$0 (08-18-2009 - SD)

Brittany Plamp v. Mitchell School Dist. No. 17-2

Brittney Plamp filed this suit against the Mitchell School District ("School Districtâ€) after she was battered by one of her high-school teachers, Andrew Tate. Plamp asserted claims under Title IX of the Education Amendments of 1972, 20 U.S.C. Â§ 1681â€“88; a constitutional civil-rights claim under 42 U.S.C.Â§ 1983; and a state-law battery claim based on a South Dakota vicarious-lia... More...

$0 (05-12-2009 - SD)

Caryn Carlson v. The Construction Company

[¶1.] In this premises liability action, a contractor employee working at a construction site was injured when a piece of sheetrock fell on her foot. The employee brought suit alleging that the sheetrock was negligently stored causing her injury. The jury returned a verdict in favor of the general contractor and the employee appeals. We affirm. Background [¶2.] Caryn Carlson and he... More...

$0 (02-18-2009 - SD)

Tim Duda v. Phatty McGees, Inc. d/b/a Hooky Jacks

[¶1.] During a fist fight in a nightclub, when a beer bottle was broken over his friend's head, plaintiff stepped in front of his friend to protect him from further injury. Plaintiff was then stabbed in the neck with the broken beer bottle. In his lawsuit against the nightclub, plaintiff alleged, among other things, that the nightclub was negligent for failing to provide adequate and competent se... More...

$1 (01-02-2009 - sd)

James S. Kirlin and Kristin Kirlin v. Kim Halverson, Kelly Cawthorne, and PKJ, Inc., d/b/a Empire Hvac

[¶1.] On August 31, 2005, plaintiff James Scott Kirlin (Kirlin) commenced a lawsuit in the South Dakota Second Judicial Circuit for personal injuries and other losses against defendants Kim Halverson (Halverson), Kelly Cawthorne (Cawthorne) and PKJ, Inc. d/b/a Empire HVAC (PKJ) resulting from an assault that Halverson perpetrated upon Kirlin. Kirlin's wife, plaintiff Kristin Kirlin, concurrently ... More...

$0 (11-05-2008 - SD)

Abdelaziz Baddou v. Carla Jean Hall

[¶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)

Progressive Halcyon Insurance Co. and Carol Wellnitz v. Roxanne Philippi, Personal Representative of the Sylvia Ruhr Estate, Deceased

[¶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 February 8,... More...

$0 (07-29-2008 - SD)

Tom Johnson v. Stanley C. Radle

[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)

<a href="http://www.sdjudicial.com/opinions/downloads/y2007/23779.pdf" target="_new">Daniel G. Maxner v. Renee M. Maxner</a>

[1.] In this divorce appeal, a father questions the qualifications and opinions of a court-appointed custody evaluator. The circuit court accepted the evaluator's recommendations in its decision to award physical custody to the mother. The father also challenges the court's decisions on property division, alimony, and child support. We affirm. Background [2.] Daniel and Renee Maxner wer... More...

$0 (03-14-2007 - SD)

<a href="http://www.sdjudicial.com/opinions/downloads/y2007/23779.pdf" target="_new">Daniel G. Maxner v. Renee M. Maxner</a>

[1.] In this divorce appeal, a father questions the qualifications and opinions of a court-appointed custody evaluator. The circuit court accepted the evaluator's recommendations in its decision to award physical custody to the mother. The father also challenges the court's decisions on property division, alimony, and child support. We affirm. Background [2.] Daniel and Renee Maxner wer... More...

$0 (03-14-2007 - SD)

<a href="http://www.sdjudicial.com/opinions/downloads/y2007/23779.pdf" target="_new">Daniel G. Maxner v. Renee M. Maxner</a>

[1.] In this divorce appeal, a father questions the qualifications and opinions of a court-appointed custody evaluator. The circuit court accepted the evaluator's recommendations in its decision to award physical custody to the mother. The father also challenges the court's decisions on property division, alimony, and child support. We affirm. Background [2.] Daniel and Renee Maxner wer... More...

$0 (03-14-2007 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/03/10/012292P.pdf" target="_new">Midwest Motor Sports v. Arctic Cat Sales</a>

This case arose out of a dispute between Arctic Cat Sales, Inc. (Arctic Cat), a snowmobile manufacturer, and two South Dakota Arctic Cat dealers, Midwest Motor Sports, Inc., d/b/a/ Elliott Power Sports (Elliott), and A-Tech Cycle Service, Inc. (ATech). Elliott sued Arctic Cat, asserting that Arctic Cat had violated South Dakota franchise law when it terminated Elliott's Arctic Cat franchise... More...

$0 (10-20-2003 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/02/12/012957P.pdf" target="_new">Turn Key Gaming v. Oglala Sioux Tribe</a>

Turn Key Gaming promised to build a casino for the Oglala Sioux Tribe but could not keep the project within its budget. Turn Key stopped construction when the Tribe refused to modify their contract. Turn Key filed suit against the Tribe to resolve the parties' dispute over the costs of a temporary casino and the incomplete permanent casino. The District Court 1 found in favor of the Tribe and a... More...

$336344 (12-27-2002 - SD)

Brad Atkins v. Robert and Marilyn Stratmeyer

Plaintiff was injured when the car he was driving hit three horses which belonged to defendants which were on Highway 17 near Lennox, South Dakota. Defendant's denied fault and claimed that plaintiff could not prove how the horses happened to be on the highway.... More...

$100000 (10-31-1999 - SD)