The South Dakota Supreme Court will hold its November Term in Pierre on November 6, 7, and 8, 2017.

November 7, 2017, Oral Arguments

9:00 a.m., #28200, Harvey v. Regional Health Network, Inc., et al.
Issues:

  • Whether the trial court erred by failing to impute the actual malice of three individuals to the corporate defendants.
  • Whether wrongfully accusing one of the plaintiffs of felony elder abuse was extreme and outrageous conduct.
  • Whether the evidence supported a claim for malicious prosecution.
  • Whether there was clear and convincing evidence that there was a reasonable basis to believe that the defendants engaged in malicious conduct so as to allow the plaintiff’s claim for punitive damages to proceed.
  • Whether the circuit court erred by granting the defendants’ motion for summary judgment on one of the plaintiff’s wrongful termination and negligent infliction of emotional distress claims.
  • Whether the defendants’ fair treatment and grievance procedure was a contract that the defendants breached.

10:00 a.m., #28216, Berggren v. Shonebaum, d/b/a Schonebaum Quarter Horses and Mendering.
Issues:

  • Whether the trial court had the authority to sanction an attorney.

11:00 a.m., #28214, Schaefer v. Sioux Spine & Sport, Prof., L.L.C., et al.
Issues:

  • Whether genuine issues of material fact precluded summary judgment on the plaintiff’s undue influence claim.
  • Whether genuine issues of material fact existed on the question whether the sternal fracture was a known injury at the time that the plaintiff signed a release.
  • Whether the trial court erred by holding that the sternal fracture was contemplated by the plaintiff in entering into a settlement agreement.
  •  Whether the trial court erred in determining that the release expressly waived unknown injuries.
  • Whether the trial court erred by failing to rule on the plaintiff’s motion to supplement the record.

November 8, 2017, Oral Argument

9:00 a.m., Stern Oil Co., Inc. v. Brown, d/b/a Exxon Goode to Go & Freeway Mobil.
Issues:

  1. Whether the trial court erred by determining that Stern Oil was not a prevailing party.
  2. Whether the trial court erred by instruction that consequential damages must be reasonably foreseeable.
  3. Whether the trial court erred by excluding evidence of Stern Oil’s lost profits.

Notice of Review:

  1. Whether the trial court erred in its calculation of prejudgment interest.

Non-Oral Calendar

On November 6, 2017, the Court will also be considered the following cases on their briefs:

  • #28081, 28082, Schwartz, on behalf of M.N. v. Neuenschwander.
  • #28091, Iverson v. Fuerst
  • #28094, Laska v. Barr, et al.
  • #28108, Wright v. Theophilus
  • #28130, In the Matter of the Conservatorship of Martin A. Bachand
  • #28131, State v. Borthok
  • #28142, State v. Shepard
  • #28167, In re: the Administration of the Lee R. Wintersteen Revocable Trust Agreement
  • #28168, Valley Power Systems v. S.D. Dep’t of Revenue
  • #28170, State v. Fitzgerald
  • #28171, State v. Hamling
  • #28178, State v. Hanson
  • #28181, State v. Phillips
  • #28182, Curran v. Curran
  • #28184, State v. Weber
  • #28198, State v. Toavs
  • #28206, Ollila v. Ginsbach, et al.
  • #28213, State v. Humpal
  • #28225, State v. Eberhardt
  • #28233, Horn v. Horn
  • #28244, State v. Popkes
  • #28254, Siems v. Pilot Travel Centers, L.L.C., d/b/a Flying J Truck Plaza
  • #28310, State v. Bausch