The
SD Supreme Court handed down three decisions this morning:
- Employee prevails with testimony of treating
physicians;
- Attorney Fee denial reversed and remanded
- Demolition of partially-completed new home ordered
Summaries
follows:
NEWS
AMERICA MARKETING v. SCHOON, 2022 S.D. 79: Employee injured neck and shoulder while working on
the job. Work comp insurer accepted
claim initially but subsequently denied request for surgery and additional
benefits. DOL approved request for
additional benefits. The Circuit
affirmed. The SD Supreme Court also
affirmed in a unanimous (5-0) ruling with opinion authored by Justice Chief
Justice Jensen. The SD Supreme Court,
ruling consistent with the rulings of the DOL and the lower court, rejected the
Work Comp Insurer’s argument that its non-treating physician’s opinion was “more
persuasive” that
the opinions of the employee’s treating physicians.
ENDRES
v. ENDRES, 2022 S.D. 80: Terry, 1 of 7 seven children, filed a lawsuit
contesting the handling of an irrevocable trust with assets valued in excess of
$10 million. “Several
additional lawsuits” and
claims were filed by Terry and the other children. All parties agreed to a
consolidation of claims and subsequently reached a “global
settlement” which
resolved all claims except for Terry’s request for attorney fees. Terry requested an award of attorney fees in
the amount of $389,121.12 ($343,474.20 in attorney fees, expenses, and
applicable sales tax, along with interest in the amount of $45,646.92.). The trial court denied Terry’s request
entirely. The SD Supreme Court reversed
and remanded, holding that Terry is entitled to an attorney fee award pursual
to SDCL 55-3-13, in an amount to determined on remand. Because of the Court’s ruling vis a vis
SDCL 55-3-13, it did not address the possibility of an award under SDCL
15-17-38. The concluding paragraph of
the Court’s opinion states:
[¶55.] Terry is entitled to
attorney fees under SDCL 55-3-13 for his actions as a co-trustee which were
productive of actual benefit to the Trust. The circuit court shall determine on
remand, in a manner consistent with this opinion, the amount of attorney fees
Terry may recover.
This
decision is unanimous (5-0) with opinion authored by Justice Kern. Circuit
Judge Gering sat on this case, in lieu of Justice Myren who served as the trial
judge.
NOTE:
The list of attorneys litigating this case on appeal reads like a “Who’s Who”
in the SD State Bar: Senator Lee Schoenbeck, former U.S. Attorney Ron Parsons,
former State Bar President Tom Welk, and other brilliant legal minds.
CITY
OF SIOUX FALLS V. STRIZHEUS, 2022 S.D 81:
Owners obtained permit to build single-family home in Sioux Falls in
2013. Their intention was to build a
multi-million dollar house. Construction
stalled in 2015 due to, inter alia, lack of finances. City of Sioux Falls determined the structure
was unsafe in 2016 and sought demolition, in accordance with City
Ordinance. Trial court ordered
demolition. The SD Supreme Court
affirmed. This ruling is unanimous
(5-0), with opinion authored by Chief Justice Jensen. Circuit Judge Gering sat on this case, in
lieu of Justice Salter.
These
decisions may be accessed at
