South Dakota Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of South Dakota or Court of Appeals of South Dakota where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

Page  1

Kassube v. Dakota Logging - 10/12/2005
ARGUED February 16, 2005 SRSTKA, Circuit Judge & MEIERHENRY, Justice [ .] Circuit Judge William J. Srstka, sitting for Justice Richard W. Sabers, disqualified, delivers the majority opinion of the Court on Issue One,...

Dodson v. South Dakota Dep't of Human Services - 8/10/2005
Argued March 23, 2005 [ .] In this medical malpractice action, Jason Dodson (Jason), individually and as special administrator of the estate of his wife, Kristi M. Dodson (Kristi), appeals from a decision of a Minnehaha County...

State v. Willson - 8/3/2005
Considered on Briefs on April 25, 2005 [ .] Douglas Willson appeals the restitution provisions of his sentence for resisting arrest. We affirm. FACTS [ .] This case arose out of a confrontation between Willson and two...

State Auto Insurance Companies v. B.N.C. - 7/27/2005
Argued on April 27, 2005 [ .] State Auto insured a vehicle that, while being operated by an unauthorized driver, was involved in a single car accident rendering it a total loss. After paying its insured/owner for the property...

Flandreau Public School Dist. #50-3 v. G.A. Johnson Construction - 7/13/2005
Considered on Briefs on May 23, 2005 [ .] Flandreau School District and G.A. Johnson Construction entered into an agreement for the construction of an elementary school. The agreement included a provision requiring alternative...

Bender v. Dakota Resorts Management Group - 6/29/2005
Considered on Briefs on May 23, 2005 [ .] Robert Bender (Bender) worked as a ski lift operator at Deer Mountain Ski Area, located near Lead, South Dakota. Bender was injured while skiing during one of his breaks and sought...

Behrens v. Behrens - 6/22/2005
Argued on January 13, 2004 [ .] Jon and Don Behrens (jointly referred to as Behrens) owned and operated a funeral home in Rapid City. Without the assistance of legal counsel, they negotiated an agreement to sell their business to...

Thompson v. Mehlhaff - 6/8/2005
Argued January 12, 2005 [ .] Terry Thompson's wife, Kathleen, on behalf of his estate (Thompson), sued Mehlhaff Trucking (Mehlhaff) for the wrongful death of her husband following a two-truck collision. The jury found Thompson to...

Gakin v. City of Rapid City - 6/1/2005
Argued March 22, 2005 [ .] Maria Gakin and Frederick Eagle Tail, Jr. filed suit alleging that cemetery employees moved the grave of their deceased infant son without their consent. The city of Rapid City (City), which owns and...

McMillin v. Mueller - 3/23/2005
Considered on Briefs on November 15, 2004 [ .] Roger McMillin and Duane Heinert were employees at Mueller Feed Mill, Inc., located outside of Martin, South Dakota. On September 10, 2002, Roger and Duane died while cleaning an...

Owens v. F.E.M. Electric Association - 3/9/2005
Considered on Briefs on October 4, 2004 [ .] Robert Owens (Owens) appeals the circuit court's affirmance of a summary judgment granted by a South Dakota Department of Labor (DOL) Administrative Law Judge (ALJ). The ALJ ruled that...

Gloe v. Iowa Mutual Insurance Co. - 3/2/2005
Argued on August 24, 2004 [ .] Scott Gloe's parents were struck and killed by an automobile. Gloe's parents did not reside in his household, they were not insured under his auto policy, and neither Gloe nor his covered automobile...

Gloe v. Union Insurance Co. - 3/2/2005
Argued October 6, 2004 [ .] Michael Gloe's parents were struck and killed by an automobile driven by Donald Huber. Gloe did not reside in his parents' household, nor was he physically present at or injured as a result of the...

Loen v. Anderson - 1/19/2005
Considered on Briefs August 23, 2004 [ .] Douglas and Cindy Loen (Loens) appeal a judgment entered in their favor following a jury trial. They claim 1) the trial court did not properly instruct the jury, 2) that the jury failed...

Luke v. Deal - 1/12/2005
Argued November 15, 2004 [ .] While moving snow with a Caterpillar loader at a ranch owned by Jon Deal ("Deal"), Michael Luke ("Michael") struck and punctured a propane tank which resulted in a large explosion. Michael died as a...

Mundlein v. Mundlein - 2/25/2004
Considered on Briefs on January 12, 2004 . Judy Mundlein (Judy) appeals a decision of a circuit court finding her in contempt of court for failing to pay credit card debt as required by a divorce decree. Because the circuit...

In re Estate of Watson - 12/10/2003
Considered on Briefs October 6, 2003 . On September 18, 2001, Brian Watson (Brian) was killed when a vehicle struck him while he was helping a motorist change a tire by the side of the road. Eventually, Brian's estate reached a...

Welch v. Haase - 12/3/2003
Argued on Briefs October 7, 2003 . Larry Welch (Welch), special administrator of the Estate of Caz Welch (decedent), initiated wrongful death and survival actions following Caz's death in a single car auto accident. The actions...

Johnson v. Armfield - 11/25/2003
Considered on Briefs August 25, 2003 . Stacia Marie Johnson (Johnson) brought a claim for personal injuries arising out of an automobile accident against Ervin Floyd Armfield (Armfield). Armfield admitted his own negligence but...

City of Aberdeen v. Rich - 3/5/2003
Considered on Briefs October 7, 2002 [ .] This case stems from two land transactions between the City of Aberdeen (City) and: former mayor Timothy Rich; former city attorney Thomas Tobin; Roger Huff and Huff Development, Inc.;...

Titus v. Sioux Valley Hospital - 2/26/2003
Considered on Briefs May 28, 2002 Reassigned December 16, 2002 [ .] Jill Titus appeals from a circuit court decision overruling the Department of Labor's holding that she was entitled to worker's compensation benefits. The...

Rowland v. Log Cabin - 2/19/2003
Considered on Briefs October 8, 2002 [ .] Ronald Rowland (Rowland) appeals the trial court's grant of summary judgment in favor of Log Cabin, Inc. (Log Cabin). We reverse and remand. FACTS [ .] On January 7, 2001,...

Byrum v. Dakota Wellness Foundation - 11/20/2002
[ ] Gala Byrum (Byrum) filed a petition for workers' compensation benefits with the South Dakota Department of Labor (Department) seeking an award of permanent partial disability. After a hearing, Byrum's relief was granted. Byrum's...

St. Luke's Midland Regional Medical Center v. Kennedy - 11/13/2002
Reversed Considered on Briefs Apr 23, 2002 Mary Beth Kennedy (Kennedy) appeals a circuit court judgment reversing an award of workers' compensation benefits to Kennedy by the South Dakota Department of Labor (DOL). Avera...

Schwaiger v. Michell Radiology Associates - 8/7/2002
Considered on Briefs May 28, 2002 [ ] Jim Schwaiger (Schwaiger), a radiologist, sued Mitchell Radiology Associates, P.C. (MRA), for misrepresentations that allegedly occurred while MRA was recruiting Schwaiger as an employee. The...

Klenz v. AVI International - 6/19/2002
Argued Mar 28, 2002; Opinion Filed Jun 19, 2002 [ ] Ivana Klenz commenced a lawsuit against AVI International (AVI) after it refused a demand for payment of legal expenses incurred in a wrongful death suit initiated by Klenz. AVI...

Feldhaus v. Schreiner - 6/5/2002
Considered on Briefs Apr 22, 2002; Opinion Filed Jun 5, 2002 [ ] Jeanne Feldhaus (Feldhaus) sued Ronald Schreiner (Schreiner) for divorce. After a bench trial on March 15, 2001, the court awarded 46 percent of the marital assets...

Krause v. Reyelts - 6/5/2002
Considered on Briefs Apr 22, 2002; Opinion Filed Jun 5, 2002 [ ] Wayne and Kathy Cooper-Krause, (hereinafter referred to as Wayne, Kathy, or Krauses as the context requires), sued their general contractor, David Reyelts...

South Dakota Subsequent Injury Fund v. Heritage Mutual Insurance - 3/6/2002
South Dakota Supreme Court Appeal from the Circuit Court of The Sixth Judicial Circuit Hughes County, South Dakota Hon. Steven L. Zinter, Judge Considered on Briefs October 1, 2001 [ .] South Dakota Subsequent Injury Fund...

Parker v. Casa Del Ray - Rapid City - 2/27/2002
Appeal from the Circuit Court of The Seventh Judicial Circuit Pennington County, South Dakota Hon. Jeff W. Davis, Judge. Argued on October 1, 2001 [ .] Richard Parker was injured while making a delivery from his truck to...

Jorgenson v. Vener - 2/6/2002
Appeal from the Circuit Court of The Third Judicial Circuit Codington County, South Dakota Hon. Robert L. Timm, Judge Argued November 16, 2001 Reassigned 12/21/2001 [ .] David Jorgenson (Jorgenson) developed an...

Blaha v. Stuard - 2/6/2002
Appeal from the Circuit Court of The First Judicial Circuit Charles Mix County, South Dakota Hon. Lee A. Tappe, Judge Considered on Briefs August 28, 2001 [ .] This is an appeal from an order granting Stuards' motion for...

Hagemann v. NJS Engineering - 8/8/2001
As amended October 15, 2001. KELLI HAGEMANN, AS SPECIAL ADMINISTRATRIX OF THE ESTATE OF CHAD HAGEMANN, DECEASED, AND JASON SIMS PLAINTIFFS v. NJS ENGINEERING, INC. AND LAWRENCE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF...

Meier v. McCord - 8/8/2001
Appeal from the Circuit Court of The Second Judicial Circuit Minnehaha County, South Dakota Hon. Glen A. Severson, Judge Considered on Briefs May 21, 2001 [ .] In this appeal we hold that the release of a tortfeasor does...

Employers Mutual Casualty Co. - 3/14/2001
South Dakota Supreme Court Appeal from the Circuit Court of The Third Judicial Circuit Clark County, South Dakota Hon. Robert L. Timm, Judge Considered on Briefs November 27, 2000 [ .] State Auto Insurance, Inc. appeals...

Estate of Juhnke v. Marquardt - 3/7/2001
South Dakota Supreme Court Appeal from the Circuit Court of The Second Judicial Circuit Minnehaha County, South Dakota Hon. Judith K. Meierhenry, Judge Argued on January 10, 2001 Opinion Filed 3/7/2001 [ .] The...

Faircloth v. Raven Industries - 12/20/2000
Appeal from the Third Judicial Circuit, Lake County, SD [Formerly a Part of the Fourth Judicial Circuit] Hon. Timothy D. Tucker, Judge Reversed Considered on Briefs Sep 18, 2000 [ ] In this workers' compensation...

Tapio v. Grinnell Mutual Reinsurance Co. - 11/29/2000
Appeal from the First Judicial Circuit, Buffalo County, SD [Formerly a Part of the Fourth Judicial Circuit] Hon. Ronald K. Miller, Judge Reversed Considered on Briefs Sep 18, 2000; Opinion Filed Nov 29, 2000 [ ] Amber...

Grauel v. South Dakota School of Mines and Technology - 11/21/2000
Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Steven L. Zinter, Judge Affirmed Considered on Briefs Sep 18, 2000; [ ] In this appeal, we hold that a workers' compensation claimant failed to...

Lends His Horse v. Myrl & Roy's Paving - 11/21/2000
Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Lori S. Wilbur, Judge Reversed Argued Sep 20, 2000; [ ] Myrl & Roy's Paving Inc. appeals the trial court's reversal of the Department of Labor's...

Gordon v. St. Mary's Healthcare Center - 9/20/2000
Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Lori S. Wilbur, Judge Affirmed Considered on Briefs May 30, 2000; Opinion Filed Sep 20, 2000 [ ] Delores M. Gordon (Gordon) appeals the Department of...

Fryer v. Kranz - 9/6/2000
Appeal from the Third Judicial Circuit, Codington County, SD Hon. Robert L. Timm, Judge Reversed Argued Oct 19, 1999 Reassigned May 10, 2000 [ ] In this intermediate appeal, because the employee has shown there...

Shykes v. Rapid City Hilton Inn - 9/6/2000
Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Steven L. Zinter, Judge Affirmed Considered on Briefs Feb 14, 2000 [ ] Chong Shykes brought a workers' compensation claim against Custom Packaging...

South Dakota State Cement Plant Commission v. Wausau Underwriters Insurance Co. - 8/23/2000
Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Steven L. Zinter, Judge Reversed Argued Oct 18, 1999; Opinion Filed Aug 23, 2000 [ ] Wausau Underwriters Insurance Company (Wausau) appeals the trial...

Vu v. John Morrell & Co. - 8/9/2000
Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Judith K. Meierhenry, Judge Reversed Argued Jun 1, 2000; Opinion Filed Aug 9, 2000 [ ] The Department of Labor (DOL) determined that Mary Vu was...

Martinmaas v. Engelmann - 6/28/2000
Appeal from the Third Judicial Circuit, Codington County, SD Hon. Robert L. Timm, Judge Affirmed Argued Jan 13, 2000; Opinion Filed Jun 28, 2000 [ ] In this appeal we affirm jury verdicts in three consolidated medical...

Openhowski v. Mahone - 6/14/2000
Appeals from the Second Judicial Circuit, Minnehaha County, SD Hon. Gene Kean, Judge Hon. Glen A. Severson, Judge Reversed Considered on Briefs April 25, 2000; Opinion Filed Jun 14, 2000 [ ] Alex Mahone (Alex)...

Holland v. City of Geddes - 5/31/2000
Appeal from the First Judicial Circuit, Charles Mix County, SDHon. Lee A. Tappe, Judge Reversed Considered on Briefs Nov 29, 1999; [ ] The plaintiffs sued the City of Geddes after water seepage damaged their home. In...

Holzer v. Dakota Speedway - 5/17/2000
Appeal from the Fourth Judicial Circuit, Lake County, SD Hon. Boyd L. McMurchie, Judge Affirmed Argued Mar 20, 2000; Opinion Filed May 17, 2000 [ ] This case arose from a personal injury accident at the Lake County...

Sioux Falls Argus Leader v. Miller - 5/10/2000
ORIGINAL PROCEEDING Dismissed Argued Mar 20, 2000; Opinion Filed May 10, 2000 [ ] The Sioux Falls Argus Leader and other members of the media (Media) () seek a writ of prohibition alleging that Circuit Court Judge...

Peterson v. Peterson - 5/3/2000
[ ] In this divorce case, the trial court ordered David to pay $600 monthly alimony to Gayle. David appeals and we affirm. Additionally, the referee determined that alimony was not to be deducted from the income of payor Father nor...

Steinberg v. South Dakota Department of Military and Veterans Affairs - 3/15/2000
Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Steven L. Zinter, Judge Reversed Considered on Briefs Jan 10, 2000; Opinion Filed Mar 15, 2000 [ ] Edna K. Steinberg (Steinberg) appeals the circuit...

Vaughn v. John Morrell & Co. - 3/1/2000
Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Glen A. Severson, Judge Reversed Considered on Briefs Jan10, 2000; Opinion Filed Mar 1, 2000 [ ] The Department of Labor (DOL) determined that Annie...

Moore v. Michelin Tire Co. - 12/15/1999
South Dakota Supreme Court Appeal from the Sixth Judicial Circuit, Lyman County, SD Hon. Kathleen F. Trandahl, Judge Affirmed Argued Oct 18, 1999; Opinion Filed Dec 15, 1999 [ ] Plaintiffs Scott and Beth Moore (Moore)...

Ramsey v. Mathisrud - 9/1/1999
South Dakota Supreme Court Appeal from the Eighth Judicial Circuit, Lawrence County, SD Hon. Timothy R. Johns, Judge Affirmed Considered on Briefs Jun 1, 1999; Opinion Filed Sep 1, 1999 [ ] Ramsey appeals the denial...

Brady Memorial Home v. Hantke - 6/23/1999
Brady Memorial Home v. Hantke, 1999 SD 77 SOUTH DAKOTA SUPREME COURT Brady Memorial Home v. Hantke, 1999 SD 77 South Dakota Supreme Court Appeal from the Fourth Judicial Circuit, Davison County, SD Hon. Boyd L....

National Sun Industries Inc. v. South Dakota Farm Bureau Insurance Co. - 5/26/1999
HTML Code Copyright State Bar of South Dakota, 1999 South Dakota Supreme Court Appeal from the Fifth Judicial Circuit, Brown County, SD Hon. Larry H. Lovrien, Judge Affirmed Considered on Briefs Apr 26, 1999; Opinion...

Decker v. Tschetter Hutterian Brethren Inc. - 5/26/1999
HTML Code Copyright State Bar of South Dakota, 1999 South Dakota Supreme Court Appeal from the First Judicial Circuit, Hutchinson County, SD Hon. Kathleen K. Caldwell, Judge Affirmed Argued Jan 12, 1999; Reassigned...

Zuke v. Presentation Sisters Inc. - 3/10/1999
South Dakota Supreme Court Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Gene Paul Kean, Judge Affirmed Considered on Briefs Oct 20, 1998; Opinion Filed Mar 10, 1999 [ ] Sandra Zuke (Zuke) appeals...

Diamond Surface Inc. v. State Cement Plant Comm. - 8/19/1998
DIAMOND SURFACE, INC., a corporation with its principal place of business at Maple Grove, Minnesota, Plaintiff and Appellant, v. THE STATE CEMENT PLANT COMMISSION, a public corporation and agency operating the Cement Plant at Rapid...

South Dakota Education Ass'n v. Barnett - 7/29/1998
SOUTH DAKOTA EDUCATION ASSOCIATION/NEA, By and Through Its President, Elaine Roberts; and South Dakota Education Association Council on Higher Education, By and Through Its President James Zeman; Lona Lewis; Barb Peterson; Jerry...

Kolb v. Monroe - 6/24/1998
Kolb v. Monroe, 1998 SD 64 South Dakota Supreme Court Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Glen A. Severson, Judge #20289 Affirmed Considered on Briefs Jun 3, 1998; [ ]...

Bedney v. Heidt - 5/20/1998
Appeal From The Eighth Judicial Circuit, Meade County, SD Hon. Scott C. Moses, Judge #20178 -- Affirmed in part, Reversed in part Considered On Briefs Apr 27, 1998 [ ] Defendant in personal injury action appeals the grant...

Page  1
 
Personal Injury Lawyers CLICK HERE
Select Personal Injury Attorneys by State
Personal Injury Lawyers Brain Injuries Spinal Cord Injuries
Quadriplegia and Paraplegia Back Injuries Ruptured & Herniated Disks
Bulging Disk Neck Injuries Dog Bites
Toxic Mold Product Liability Fire Accidents
Trucking Accidents Boating Accidents Car Accidents
Plane Crashes Medical Malpractice Motorcycle Accidents
Wrongful Death Personal Injury Lawsuits Testimonial
 RSS Feeds  |  Articles  |  Jobs  |  Leads
SiteMap | Attorney Registration | PI Case Laws
| Personal Injury Lawyers Directory | Success Stories | Press Releases
Copyright © 2005. “National Association of Personal Injury Lawyers (NAPIL)”. All rights reserved.
By using the system, you agree to TERMS OF SERVICE

...