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…

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…

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…

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…

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…

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…

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…

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…