ZINTER , Justice . [ 1.] John and Kimberly Nooney sued StubHub Inc. after tickets they purchased from StubHub for a concert were not honored at the event. In granting StubHub's motion to dismiss for failure to state a claim, the circuit court considered a document that was not attached to the complaint. On appeal, Nooneys argue that the court erred in considering the document without converting the motion to dismiss to a motion for summary judgment. Nooneys also argue that the court erred...
ZINTER , Justice . [ 1.] The State, by way of intermediate appeal, challenges the circuit court's suppression of Alvin Plastow's admission that he raped a three-year old girl. The circuit court suppressed in accordance with our cases holding that a conviction cannot stand on an admission alone: the admission must be corroborated with independent evidence establishing the corpus delicti of the offense. 1 Many state and federal courts have adopted a more flexible rule. Instead of requiring...
WILBUR , Justice . [ 1.] David Zerfas lost control of his vehicle after he swerved to avoid a deer carcass in his lane of travel on the interstate. His vehicle was hit by oncoming traffic and Zerfas died. His wife Stacey sought uninsured motorist benefits with AMCO Insurance Company. She claimed that an unidentified driver negligently left the deer carcass in the lane of travel on the interstate, which negligence caused Zerfas to lose control of his vehicle. AMCO denied her claim after it...
ZINTER , Justice . [ 1.] During the time that Mary Ellen Nylen was involved in three lawsuits, she talked and shared documents with a friend who was an attorney. Mary Ellen later claimed that the discussions and documents were privileged attorney-client communications. The circuit court ruled that the privilege applied until Mary Ellen could no longer reasonably believe she was the attorney's client. The court also ruled that Mary Ellen waived the privilege to the extent that she shared...
KERN , Justice . [ 1.] Insurance company sought declaratory judgment to determine whether an insurance policy provided coverage to insured and his brother for an incident in which a semi-trailer transporting a load of hay ignited and spread fire to nearby lands. Insured counterclaimed for declaratory judgment. After discovery, both parties filed cross-motions for summary judgment seeking a determination regarding insurance company's duty to defend and indemnify the insured. The circuit...
SEVERSON , Justice . [ 1.] James Dale filed an application for a writ of habeas corpus alleging that his penitentiary sentences were miscalculated. The habeas court denied Dale's application. We affirm. Background [ 2.] In 2001, Dale pleaded guilty to third-degree burglary and possession of burglary tools for his role in burglarizing the Watertown Municipal Golf Course. The circuit court sentenced Dale to two consecutive terms of incarceration: 10 years for burglary and 5 years for...
ZINTER , Justice . [ 1.] Nicholas Klein sued Sanford USD Medical Center for damages allegedly caused by his claimed premature discharge from the hospital. The circuit court granted Sanford summary judgment. The court concluded that Sanford was entitled to good faith immunity under SDCL 34-12C-7 because Klein demanded to be discharged against medical advice. Klein appeals, asserting that SDCL 34-12C-7 does not apply, and that if it does apply, there was a genuine dispute of material fact...
SEVERSON , Justice . [ 1.] High Plains sought a writ of prohibition. It alleged that the Fall River County Board of Commissioners (Board), acted outside its authority by rescinding Resolution 2014-09, which approved High Plains' proposed petroleum contaminated soil farm. Further, it alleged that a referral of a similar, subsequently enacted Resolution 2014-16 would be of no legal effect. The circuit court agreed and found that High Plains did not have a plain, speedy, and adequate...
SEVERSON , Justice . [ 1.] Adam Ray, employee of Granite Buick GMC, Inc., and Scott Hanna, employee of McKie Ford Lincoln, Inc., signed non-compete agreements during the course of their employment. They left their respective employment and started their own automobile dealership, Gateway Autoplex, LLC. Granite Buick and McKie Ford sought injunctions to enforce the non-compete agreements. A jury was impaneled to determine Ray's and Hanna's affirmative defenses. The circuit court treated the...
SEVERSON , Justice . [ 1.] Ryan Stensland sued Harding County for negligence after he drove into a washed-out portion of a county road. A jury returned a general verdict for the County. Stensland appeals alleging that the court erred because it did not grant his motion for judgment as a matter of law that the County was negligent. He alleges the court further erred by allowing questions regarding assumption of the risk and contributory negligence to go to the jury. The County filed a...
WILBUR , Justice . [ 1.] After this Court vacated defendant's conviction of aggravated theft by deception, the State brought new charges against defendant for forgery and offering false or forged instruments for filing, registering, or recording in a public office. Defendant moved to dismiss the charges asserting that double jeopardy, collateral estoppel, and res judicata barred the State's successive prosecution. Defendant further asserted that the indictment should be dismissed for...
SEVERSON , Justice . [ 1.] Travis Orr appeals three criminal sentences. He was given concurrent penitentiary and probationary sentences that place him under simultaneous supervision of both the judicial and executive branches. We reverse and remand. Background [ 2.] In October of 2014, Travis Orr was sentenced on three separate offenses. In 2013, Orr was convicted of driving or being in actual physical control of a vehicle while under the influence of alcohol, and he was placed on...
GILBERTSON , Chief Justice . [ 1.] Sarah Sorensen was injured during the scope of her employment at The Harbor Bar (Employer) on December 31, 2009. Approximately a week later, she complained of a sudden onset of headaches and vomiting, which caused her to undergo brain surgery. She filed for workers' compensation benefits but was denied, as Employer alleged that her injuries were the result of a different incident on January 4, 2010. The Department of Labor (Department) conducted a hearing...
GILBERTSON , Chief Justice . [ 1.] Chris Schaefer appeals the Tea Area School Board's (the Board) denial of his request for a minor boundary change. If granted, the change would have resulted in the detachment of Schaefer's and other property from the Tea Area School District (TASD) and the annexation of the same to the Sioux Falls School District (SFSD). Schaefer asserts the denial was an abuse of discretion. We affirm. Facts and Procedural History [ 2.] The city of Sioux Falls spans...
GILBERTSON , Chief Justice . [ 1.] On August 15, 2014, the circuit court granted a divorce to Everett Thomas MacKaben Jr. (Tom) and Annette MacKaben because of irreconcilable differences. In dividing the property, the circuit court determined that a sizable tax lien on the marital home was Tom's nonmarital debt. The court also awarded spousal support of $1,000 per month to Annette for a period of 10 years to follow the sale of the marital home. Tom appeals, asserting that the circuit court...
WILBUR , Justice . [ 1.] Duane Pankratz appeals the circuit court's decision granting summary judgment on his claims against Robert Cullum's estate for breach of an oral promise to transfer corporate stock and for the recovery of corporate debt Robert Cullum personally guaranteed to pay. We affirm. Background [ 2.] Duane Pankratz and Robert Cullum have been neighbors since the 1970s. Prior to his death in 2012, Cullum owned and operated Mineral Technology Corporation (MinTec). At some...
SEVERSON , Justice . [ 1.] Travis Van Duysen appeals the circuit court's grant of primary physical custody of his two children to their mother Jennifer Van Duysen. Travis asserts that the court abused its discretion when it relied on findings that were unsupported by the evidence. We affirm. Background [ 2.] Jennifer and Travis Van Duysen were married in 2007. They have two minor children together, a daughter and a son. Their daughter was born in 2005. Jennifer and the daughter lived...
GILBERTSON , Chief Justice . [ 1.] Vera Good Lance sued Black Hills Dialysis, LLC and LeEtta Brewer (collectively, BHD) for negligence after suffering an injury from a fall while at BHD's facility in Shannon County on the Pine Ridge Indian Reservation. 1 A dispute arose between the parties about whether the circuit court should summon jurors from Shannon County or neighboring Fall River County. A 2009 standing order issued by the Seventh Circuit Presiding Judge required that all cases...
ZINTER , Justice . [ 1.] Montana Dakota Utilities Co. and Otter Tail Power Company (Applicants) filed an application with the South Dakota Public Utilities Commission (PUC or Commission) for a permit to construct a high-voltage electrical transmission line. Appellant Gerald Pesall objected to the project because he was concerned that excavating and moving soil to construct the project might unearth and spread a crop parasite. The PUC granted the permit on conditions, including a condition...
KERN , Justice . [ 1.] In this breach of contract case, the jury found in favor of Casper Lodging, LLC, concluding that Robert Akers failed to deliver to James Koehler a Holiday Inn Express in compliance with the parties' agreements. The jury awarded Casper Lodging $1,019,468.74. Prior to the verdict, the parties had stipulated that the circuit court would determine the date on which prejudgment interest would begin to accrue if there was a plaintiffs verdict. Upon receipt of the verdict,...
