South Dakota Appellate Reporter

Latest from South Dakota Appellate Reporter

FLUTH v. SCHOENFELDER CONSTR., 2018 S.D. 65: Owner of a rental property had a prior disgruntled tenant set off a gas explosion in one of his properties.  Owner contracted with Contractor to demolish the home and grade the property.  Owner was told that the waterline accessing the property needed to be shut off at the street-curb.  Owner only shut off the water in the basement and had the water meter removed.  During demolition, Contractor…
ISG, CORP. v. PLE, INC., 2018 SD 64: Plaintiff contracted with Defendant to build two observation platforms for use by law enforcement at an annual festival held in San Juan, Puerto Rico.  Defendant did not deliver the platforms they agreed to build and instead delivered a used, contractually non-compliant platform.  Plaintiff sued Defendant and its president for breach of contract and fraud.  The case went to trial and the jury found in favor of Plaintiff,…
STATE v. RANDLE, 2018 S.D. 61: Defendant was attending a party where he was handling an AK-47.  While sitting down, the AK-47 was discharged while in Defendant’s possession.  The bullet struck another party-goer.  Defendant claimed that he was handed the gun and it caused his chair to slide backwards and the gun to slide off his lap.  Defendant then grabbed the gun to prevent it from falling causing it to discharge.  The victim ultimately died…
HANSON v. BIG STONE THERAPIES, 2018 SD 60: Plaintiff began experiencing pain in her leg during a physical therapy session following hip surgery.  Plaintiff was diagnosed with a fractured femur and subsequently brought suit against the physical therapy company and the hospital.  Plaintiff alleged that the physical therapist was negligent during physical therapy and that the hospital was negligent in failing to timely diagnose the fractured femur.  Both the physical therapy company and the hospital…
BLUE v. BLUE, 2018 SD 58: Plaintiff and Defendant inherited two parcels of land as tenants in common.  Ten years later, Plaintiff commenced an action to partition one of the parcels.  Defendant counterclaimed for partition; for the value of the purported improvements; and for restitution for the time he spent caring for both properties.  The circuit court partitioned the land equally, awarded Defendant owelty, and denied Defendant’s claims for improvements and restitution.  Defendant thereby appealed.…
Harvieux v. Progressive, 2018 SD 52:  Plaintiff filed an action under her uninsured motorist insurance (“UM”) coverage with Defendant for injuries she sustained in a car accident.  Plaintiff also filed claims of bad faith and barratry against Defendant.  The UM claim resulted in a jury verdict of $16,296.75; however, after the jury verdict the circuit court granted Defendant’s renewed motion for summary judgment on the bad faith and barratry claims.  Plaintiff appealed thereafter. The…
Petersen v. S.D. Bd. Of Pardons and Paroles, 2018 SD 39: Defendant was convicted of additional felonies while in prison, and the South Dakota Board of Pardons and Paroles (“SDBPP”) redetermined defendant’s initial parole-eligibility date.  Defendant requested a review of the redetermination and SDBPP held a hearing, issued findings of fact and conclusions of law, and entered an order setting the initial parole-eligibility date.  Defendant did not appeal, but two years later, requested a review…
Madetzke v. Dooley, 2018 SD 38: Habeas corpus case where Defendant had pled guilty to the second-degree robbery charge and further admitted he had been convicted of four prior felonies, however, he disputed that those felonies were violent offenses.  Defendant and the State agreed that the State would seek an enhancement under SDCL 22-7-8.1 (for nonviolent habitual criminals) rather than SDCL 22-7-8 (for violent habitual criminals)—thus making Defendant’s offense sentenced as a Class 2…
Giesen v. Giesen, 2018 SD 36: Divorce action where husband challenged circuit court’s valuation of his three business interests, the valuation of a bank account on a date other than the date of divorce, and the decision to recapture into the marital estate the value of home improvements made to a third party’s rental property.  Starting with the date of the valuation of the bank account, the South Dakota Supreme Court held that the…
Ahrendt v. Chamberlain, 2018 SD 31.  Divorce case where both spouses attained new jobs during the marriage, allowing them to accumulate significant assets, consisting primarily of real estate, business interests, and retirements accounts.  The spouses separated, and wife remained in the marital home while paying the entire monthly mortgage payment.  Husband paid his own expenses associated with his new apartment.  A divorce action was commenced where the circuit court found that both parties had…