Helleberg v. Estes, 2020 SD 27
Attorney Stacy Hegge writes the South Dakota Supreme Court Summary for Hellberg v. Estes. In Helleberg v. Estes, 2020 S.D. 27, a dispute arose between property owners regarding, among other things, the use of an easement road. Helleberg contended that the road crossing her property could only be used by Estes, an adjacent landowner and developer of the subdivision, for the limited purpose of installing and repairing water lines. Estes, however, claimed that he could use the easement road for any reason.
Sedlacek v. Prussman
Attorney Ali Tornow writes the South Dakota Supreme Court summary on Sedlacek v. Prussman. This is an appeal from a denial of a motion for a mistrial by Sedlacek. Sedlacek sued Prussman for injuries sustained while working at a job site operated by Prussman.
Hallberg v. South Dakota Board of Regents 2019 SD 67
Attorney Lisa K. Cagle writes the South Dakota Supreme Court Summary on Hallberg v. South Dakota Board of Regents 2019 SD 67. In this case, a university terminated an employee after she confronted and reported the university for possible ethical violations in its counseling center. The employee, Hallberg, filed suit directly with the circuit court claiming that she had been unlawfully retaliated against for reporting the violations.
Healy v. Osborne 2019 SD 56
The South Dakota Supreme Court upheld the trial court’s dismissal based on the statute of limitations and both upheld the trial court’s award of attorney fees and awarded additional attorney fees. In Healy v. Osborne, the plaintiff sued his family and family business in claims related to his interest in the family’s ranch.
Weber v. Rains, 2019 SD 53
In a recent personal injury claim, the South Dakota Supreme Court clarified the treatment of medical witnesses under South Dakota law. In Weber v. Rains, the plaintiff had his regular medical provider, a physician’s assistant; his chiropractor; and a physician testify as expert witnesses that his injuries from a motor vehicle accident were permanent and would require future medical care.
Dysart v. Dragpipe Saloon, LLC 2019 SD 52
Recently, the South Dakota Supreme Court ruled on a case involving the involuntary judicial disillusionment of a limited liability company (LLC). In Dysart v. Dragpipe Saloon, LLC, some of the members of the LLC sought judicial dissolution of the LLC after unsuccessfully attempting to sell their interest in the LLC. The business had been unprofitable and had recently become only mildly profitable.