Justia Civil Procedure Opinion Summaries

Joshua Lapin, acting pro se, filed a complaint against Zeetogroup, LLC and “John Doe Sender” alleging 46 violations of SDCL 37-24-47, which prohibits misleading, falsified, or unauthorized spam emails. Lapin claimed he received these emails between June 15 and July 25, 2021, at his email address, which he argued was a “South Dakota electronic mail address.” The circuit court dismissed Lapin’s claims on summary judgment, concluding that Lapin was not a “resident of this state” during the time he received the emails and, therefore, could not prove his email address was a “South Dakota electronic mail address” as required by SDCL 37-24-47. Lapin appealed.The Circuit Court of the Second Judicial Circuit, Minnehaha County, South Dakota, denied Lapin’s motion for partial summary judgment and granted Zeetogroup’s motion for summary judgment. The court found that Lapin was not a resident of South Dakota when he received the emails because he was traveling internationally as a “digital nomad” and was not physically present in the state. The court also held that SDCL 37-24-41(14) does not impose a durational residency requirement and that Lapin could sue over emails received after he became a physical resident of South Dakota.The Supreme Court of the State of South Dakota affirmed the circuit court’s decision. The court held that the term “resident” in SDCL 37-24-41(14)(c) requires actual residency, not just legal residency or domicile. The court concluded that Lapin’s 30-day stay in an Airbnb in South Dakota and his subsequent travels did not establish him as a resident of South Dakota during the time he received the emails. Therefore, Lapin was not entitled to the protections of SDCL 37-24-47. View "Lapin v. Zeetogroup" on Justia Law

Jessica Paulsen experienced severe bleeding after giving birth on December 13, 2021, at Avera McKennan Hospital. Dr. Amber Saloum performed a hysterectomy and another surgery on December 14, 2021, to stop the bleeding. Paulsen later claimed she did not consent to the hysterectomy and filed a lawsuit against Avera McKennan, Dr. Saloum, and unnamed parties on December 15, 2023. The defendants moved for summary judgment, arguing that Paulsen's claims were barred by the two-year repose period under SDCL 15-2-14.1.The Circuit Court of the Second Judicial Circuit, Minnehaha County, South Dakota, granted the defendants' motion for summary judgment, concluding that Paulsen's lawsuit was filed outside the two-year repose period. Paulsen appealed the decision, arguing that the repose period should be calculated as 730 days and that she should have been allowed additional discovery to potentially establish a continuing tort.The Supreme Court of the State of South Dakota reviewed the case de novo. The court held that a "year" is defined as a "calendar year" under SDCL 2-14-2(36), meaning the repose period ends at the exact moment the start date reoccurs on the calendar. Therefore, the two-year repose period began on December 15, 2021, and ended on December 14, 2023. Since Paulsen filed her lawsuit on December 15, 2023, it was one day too late.The court also found that Paulsen's request for additional discovery was speculative and did not demonstrate how further discovery would reveal facts essential to opposing the summary judgment. Consequently, the court affirmed the circuit court's decision to grant summary judgment in favor of the defendants. View "Paulsen v. Mckennan" on Justia Law

A widow, Lori Olson, individually and as the personal representative of her deceased husband Scott Olson's estate, filed a lawsuit against Huron Regional Medical Center (HRMC), Dr. William Miner, and Thomas Miner, a physician’s assistant, alleging negligence, wrongful death, loss of consortium, intentional infliction of emotional distress, civil conspiracy, and fraudulent concealment. Scott Olson died at HRMC in January 2020 under the care of Dr. Miner and Thomas Miner. Lori Olson initiated the lawsuit in September 2021.The Circuit Court of the Third Judicial Circuit in Beadle County, South Dakota, denied Dr. Miner’s motion to dismiss for insufficient service of process but later granted the defendants' motions to dismiss for failure to prosecute. Lori Olson appealed the dismissal, and Dr. Miner filed a notice of review challenging the denial of his motion to dismiss for insufficient service.The Supreme Court of South Dakota reviewed the case and found that there was verifiable record activity within the year prior to the defendants’ motion to dismiss, including efforts to compile medical records and communication between the parties. The court concluded that the Circuit Court erred in dismissing the case under SDCL 15-11-11 for lack of prosecution, as there was sufficient activity to move the case forward. Additionally, the court found that the delays in the case did not rise to the level of egregiousness required for dismissal under Rule 41(b) and that the Circuit Court did not consider less severe sanctions before dismissing the case.The Supreme Court of South Dakota reversed the Circuit Court’s decision to dismiss the case for failure to prosecute and affirmed the denial of Dr. Miner’s motion to dismiss for insufficient service of process, concluding that Dr. Miner was properly served. View "Olson v. Huron Regional Medical Center, Inc." on Justia Law

In 2020, Cody Sturzenbecher and his mother, Judy Sturzenbecher, entered into a series of transactions with Sioux County Ranch, LLC (Sioux County) related to the purchase of their family farm from a trust. Judy bought the farm using a loan from Sioux County, then sold the property to Sioux County, which leased it to Cody. The lease included an option for Cody to purchase the property. Cody defaulted on the lease, leading Sioux County to terminate the lease and list the property for sale.The Sturzenbechers sought declaratory and injunctive relief, arguing that Judy’s conveyance of the farm to Sioux County created an equitable mortgage rather than an absolute sale. The Circuit Court of the First Judicial Circuit in Turner County, South Dakota, granted the Sturzenbechers’ request for a preliminary injunction and denied Sioux County’s motion for judgment on the pleadings. Sioux County appealed both decisions.The Supreme Court of the State of South Dakota reviewed the case and affirmed the lower court’s decisions. The court concluded that the arrangement between the Sturzenbechers and Sioux County was intended as a financing agreement rather than an absolute sale. The court found that the agreements between the parties were unambiguous but unenforceable as an absolute sale due to public policy favoring a mortgagor’s right of redemption. The court held that the Sturzenbechers were likely to succeed on their equitable mortgage claim and that the circuit court did not abuse its discretion in granting the preliminary injunction. The court also affirmed the denial of Sioux County’s motion for judgment on the pleadings, finding that the Sturzenbechers had pled sufficient facts to support their claim. View "Sturzenbecher v. Sioux County Ranch" on Justia Law

Charlene Monfore petitioned for guardianship and conservatorship over her mother, Gerda Flyte, who suffers from dementia. Gerda’s son, Roger Flyte, objected and requested to be appointed instead. After an evidentiary hearing, the circuit court found it was not in Gerda’s best interests to appoint either Charlene or Roger and instead appointed Black Hills Advocate, LLC (BHA), a for-profit corporation. Charlene appealed, arguing the court abused its discretion by not appointing her and lacked statutory authority to appoint a for-profit organization.The Circuit Court of the Seventh Judicial Circuit, Fall River County, South Dakota, initially appointed Charlene as temporary guardian and conservator. Roger objected, raising concerns about Gerda’s care under Charlene, including medical neglect and financial mismanagement. After a two-day evidentiary hearing, the court found both Charlene and Roger unsuitable due to various concerns, including Charlene’s failure to provide necessary medical care and financial mismanagement, and Roger’s financial irresponsibility and anger issues. The court appointed BHA as guardian and conservator.The Supreme Court of the State of South Dakota reviewed the case. The court held that the circuit court did not abuse its discretion in declining to appoint Charlene, given the evidence of her inadequate care and financial mismanagement. However, the Supreme Court found that SDCL 29A-5-110 does not authorize the appointment of for-profit entities as guardians or conservators, except for qualified banks or trust companies as conservators. Therefore, the appointment of BHA was reversed, and the case was remanded for further proceedings. The court also awarded Roger one-half of his requested appellate attorney fees. View "Guardianship And Conservatorship Of Flyte" on Justia Law

James and Amber May hired RES Construction to build their home in Sioux Falls. RES subcontracted First Rate Excavate, Inc. to install the septic system and construct the foundation. The Mays alleged that the foundation was installed several feet below grade level, causing significant drainage and septic issues that damaged their home, yard, and neighboring properties. They sued First Rate for negligence. The circuit court dismissed the claim based on the economic loss doctrine, and the Mays appealed.The Circuit Court of the Second Judicial Circuit in Lincoln County, South Dakota, dismissed the Mays' negligence claim, citing the economic loss doctrine, which limits remedies for purely economic losses to those specified in a contract. The court reasoned that the Mays lacked privity of contract with First Rate and that their claims were barred by the six-year statute of limitations.The Supreme Court of the State of South Dakota reviewed the case. The court held that the economic loss doctrine should not be expanded beyond claims arising from transactions involving the sale of defective goods under the Uniform Commercial Code (UCC). The court noted that the doctrine is designed to prevent parties from circumventing contract remedies by seeking tort remedies for economic losses. Since the Mays' claim was based on negligence and not on a UCC transaction, the economic loss doctrine did not apply. Additionally, the court found that the lack of privity between the Mays and First Rate further precluded the application of the economic loss doctrine. The Supreme Court reversed the circuit court's dismissal and remanded the case for further proceedings. View "May v. First Rate Excavate" on Justia Law

Todd Weiland filed a personal injury lawsuit against Patrick Bumann for injuries sustained in a motor vehicle accident while Bumann was on duty as a South Dakota Highway Patrol trooper. The circuit court denied Weiland’s motion for partial summary judgment on negligence, contributory negligence, causation, and failure to mitigate damages, leading to a jury trial. The court also denied Bumann’s request to apply a recklessness standard instead of ordinary negligence. At trial, the court excluded the Minnehaha County Sheriff’s Department accident report, certain SDHP investigation materials, and representations by Bumann’s insurance adjuster. The jury found Bumann negligent but also found Weiland contributorily negligent, awarding Weiland $18,661.50 in damages.Weiland appealed, challenging the circuit court’s rulings. The South Dakota Supreme Court reviewed the case. The court found Weiland’s challenge to the denial of summary judgment and judgment as a matter of law on negligence moot since the jury found Bumann negligent. The court upheld the denial of summary judgment and judgment as a matter of law on contributory negligence and failure to mitigate damages, finding sufficient evidence to support the jury’s verdict.The court also upheld the circuit court’s evidentiary rulings, finding no prejudice from the exclusion of the accident report and SDHP investigation materials, as the jury heard similar testimony. The exclusion of the insurance adjuster’s testimony was also upheld due to lack of an offer of proof. The court found no abuse of discretion in denying the jury instruction on liability insurance and precluding a per diem argument for non-economic damages, as the evidence did not support such an argument.The South Dakota Supreme Court affirmed the circuit court’s judgment, making it unnecessary to address issues raised by Bumann’s notice of review. View "Weiland V. Bumann" on Justia Law

Puffy’s, LLC was first on a waiting list to receive a state registration certificate from the South Dakota Department of Health (Department) to operate a medical cannabis dispensary in Rapid City. After the Department failed to issue the certificate, Puffy’s filed a mandamus action in circuit court to compel the Department to issue the certificate. The circuit court granted the writ of mandamus, and the Department appealed, arguing the court lacked jurisdiction and abused its discretion in granting the writ.The circuit court found that it had jurisdiction because Puffy’s had no administrative remedy to exhaust, as the Department had not taken final action that could be appealed. The court also ruled that the matter was not moot because the Department had not issued the certificate. On the merits, the court concluded that the Department had a clear duty to issue the certificate to Puffy’s under ARSD 44:90:03:16, which mandates that a voided certificate must be awarded to the next applicant on the waiting list. The court found that Puffy’s had no other remedy and was entitled to the writ.The South Dakota Supreme Court affirmed the circuit court’s decision. It held that the circuit court had jurisdiction because there was no administrative remedy available for Puffy’s to exhaust. The court also agreed that the matter was not moot. On the merits, the Supreme Court found that the Department had a clear duty to issue the certificate to Puffy’s under the plain language of ARSD 44:90:03:16, which does not require additional application or fees from waitlisted applicants. The court concluded that the circuit court did not abuse its discretion in granting the writ of mandamus without an evidentiary hearing, as the case turned on legal interpretation rather than factual disputes. View "Puffy’s LLC v. State of South Dakota" on Justia Law

On January 13, 2020, Denise Likness ran a red light and collided with Breyanna Geerdes' car at an intersection in Watertown, South Dakota. Likness admitted fault for the accident. Geerdes claimed the accident caused her physical injuries, including neck pain, headaches, and back pain, as well as anxiety and anger outbursts. She received treatment from a chiropractor and a clinic, and attended physical therapy sessions. Sixteen months after the accident, she reported pain again and was diagnosed with upper cervical instability and neck curvature. Evidence showed Geerdes had similar symptoms before the accident.The Circuit Court of the Third Judicial Circuit in Codington County, South Dakota, presided over the case. During the trial, Likness admitted fault but contested the extent of Geerdes' injuries and their connection to the accident. The jury found that Likness' negligence was not the legal cause of Geerdes' injuries. Geerdes filed a motion for a new trial, arguing that the causation issue should not have been submitted to the jury. The circuit court did not rule on the motion, resulting in its automatic denial under SDCL 15-6-59(b).The Supreme Court of the State of South Dakota reviewed the case. The court held that Likness' counsel's statements during the trial did not constitute judicial admissions of causation. The court concluded that the statements were made in the context of arguing the extent of damages and were not intended to relieve Geerdes of her burden to prove causation. The court affirmed the circuit court's decision, finding no abuse of discretion in denying the motion for a new trial. View "Geerdes v. Likness" on Justia Law

The Garretts owned 5,200 acres of farmland in Sully County and faced financial difficulties, leading them to sell the property to the Stocks. The Stocks agreed to lease the land back to the Garretts for five years, with an option for the Garretts to repurchase it. The Garretts failed to make timely lease payments, prompting the Stocks to initiate an eviction action. The Stocks alleged that the Garretts had not only failed to pay rent but also committed waste on the property.The Circuit Court of the Sixth Judicial Circuit in Sully County held a two-day trial, where the jury found in favor of the Stocks, granting them immediate possession of the farmland. The Garretts appealed, arguing that the circuit court erred in denying their motion to dismiss, their motion for judgment as a matter of law, and their motion for a new trial. They also contended that the court erred in denying their proposed jury instructions.The Supreme Court of South Dakota reviewed the case and affirmed the circuit court's decisions. The court held that the Stocks had complied with the three-day notice to quit requirement and that the mandatory mediation provisions did not apply as the relationship was that of lessor and lessee, not creditor and borrower. The court also found that the circuit court did not abuse its discretion in denying the Garretts' proposed jury instructions, as the instructions given adequately covered the applicable law. Finally, the court concluded that the jury's verdict was supported by sufficient evidence, and the circuit court did not err in denying the Garretts' motions for judgment as a matter of law or for a new trial. The Supreme Court also awarded the Stocks $5,000 in appellate attorney fees. View "Stock v. Garrett" on Justia Law