[¶1.] Patricia Kostel (Kostel) filed suit against Dr. Steven B. Schwartz, M.D. and Steven B. Schwartz, M.D., P.C., d/b/a West River Neurosurgery & Spine (collectively Dr. Schwartz) alleging medical malpractice. The case was tried to a jury May 30 through June 8, 2006, in the South Dakota Seventh Judicial Circuit. The jury entered a verdict for Kostel and on June 27, 2006, the trial court entered a judgment on the verdict. We affirm... FACTS AND PROCEDURE... [¶2.] In March 2002, Kostel...  

[¶1.] On November 15, 2002, Diane Mousseau (Mousseau) filed suit against Steven B. Schwartz, M.D., and Steven B. Schwartz, M.D., P.C., d/b/a West River Neurosurgery & Spine (collectively Dr. Schwartz) alleging medical malpractice. The case was tried to a jury on February 12-15, 2006, in the South Dakota Seventh Judicial Circuit. The jury entered a verdict for Dr. Schwartz and on February 21, 2006, the trial court entered judgment on the verdict. We reverse and remand... FACTS AND...  

[¶ 1.] With her husband's death imminent, Audrey Smid signed documents creating a trust, which gave her an interest in the marital home, but left the remainder to her husband's children from a prior marriage. She challenges the circuit court's decision that the waiver of her surviving spouse statutory rights contained within trust documents was valid. We affirm... FACTS... [¶ 2.] Ronald W. Smid was married to Delores Smid until her death on September 17, 1996. The couple had four...  

[¶ 1.] First American Bank & Trust (First American) brought a declaratory action against Farmers State Bank (Farmers Bank) to determine which party was in the first position secured party. Midwest Copier Solutions, Inc. (Copier)1 intervened and alleged various causes of actions against both banks. All parties moved for partial summary judgment. After the circuit court ruled against Copier, it appealed. We affirm... FACTS... [¶ 2.] On January 17, 2003, Copier sold its business to Keith...  

[¶ 1.] DJBAS Living Trust (Trust) bid $10,000 for real property at a sheriff's sale. The judgment on the real property was $99,507.56 plus post-judgment interest, attorney's fees, taxes, and other advancements. CorTrust Mortgage, Inc. (CorTrust) was authorized to bid the judgment amount, but missed the sheriff's sale by three minutes. South Dakota Housing Development Authority (SD Housing) moved to vacate the sheriff's sale and certificate of sale due to excusable neglect. The motion was...  

[¶1.] Two landowners dispute title on two parcels of land, a 100-foot strip and a 33-foot strip. One landowner claims title based on two deeds and the other through adverse possession and reversionary interests. After several motions and cross motions for summary judgment, the circuit court quieted title to both parcels in favor of the deed holder. We affirm in part, reverse in part, and remand... Background... [¶2.] Marvin and Donna Tripp dispute title to two parcels of land in Sioux...  

[¶1.] A jury convicted James Cottier (Cottier) of Manslaughter in the First Degree with a Dangerous Weapon, in violation of 22-16-15(3) (2005).1 Cottier appeals and we affirm... FACTS... [¶2.] On June 21, 2005, a worker found the badly cut-up body of Cameron Red Star on the grounds of the South Dakota School for the Deaf in Sioux Falls, South Dakota. The prior evening, Red Star, Cottier, and a third individual, Wesley Running, were seen together at the Salvation Army and area...  

[¶1.] A.B. (father) and N.B. (mother) appeal the termination of their parental rights to their minor child, J.B. (child). We affirm... FACTS... [¶2.] Child was born on May 29, 1997. During this time father and mother were in the process of having their parental rights terminated to five other children as the result of physical and emotional abuse. There were also concerns of sexual abuse by the parents in that case, although they were not substantiated. On June 9, 2006, while at the...  

[¶1.] Joseph J. Roubideaux appeals the denial of a motion for judgment of acquittal, challenging sufficiency of the evidence supporting his first degree felony murder conviction. We affirm... I... [¶2.] We review the evidence supporting the jury verdict. State v. Rhines, 1996 SD 55, ¶157, 548 NW2d 415, 451. In January of 2006, Roubideaux escaped from the South Dakota State Penitentiary. He later fled to White River, South Dakota to live with a relative. Prior to fleeing,...  

[¶1.] Daniel Nace appeals a circuit court's acceptance of a referee's child support recommendation... FACTS... [¶2.] April and Daniel Nace divorced in January 2006. Daniel, the noncustodial parent of the parties' two minor children, was ordered to pay April $574 per month in child support. April later petitioned to modify child support alleging a change in her employment and an increase in daycare costs. April also requested deviations, pursuant to SDCL 25-7-10(2) and (6), for the...  

[¶1.] In this automobile accident case, plaintiff presented evidence at trial of her past and projected medical expenses, her pain and suffering, and her whole-person impairment. At the close of the jury trial, the circuit court granted a directed verdict on the issue of defendant's negligence. The jury returned an award for plaintiff of $286. Despite her claim that the jury's miniscule award was the result of passion or prejudice, plaintiff's motion for a new trial was denied. We affirm...  

[¶1.] Four sisters inherited equal ownership in their family's land. They formed a limited liability company, conveying their property interests to the company in exchange for equal ownership in the LLC. One sister lives on the land and manages the LLC, and another sister leases the land for livestock grazing. Two other sisters live a great distance from the land. These sisters, who once agreed, are now divided. They speak only through their lawyers. Two sought to terminate the lease and...  

[¶1.] On February 7, 2007, Ryan A. Wendling (Wendling) was arrested for driving under the influence of alcohol (DUI). Alleging a violation of his Fourth Amendment protection against illegal search and seizure, Wendling filed a motion in the South Dakota Third Judicial Circuit to suppress all evidence obtained as a result of the traffic stop that led to the arrest. The circuit court granted the motion. The State filed a petition seeking discretionary intermediate review by this Court. We...  

[¶1.] On August 22, 2006, Carol Wellnitz (Wellnitz) and her auto insurance provider, Progressive Halcyon Insurance Co. (Progressive), filed a declaratory judgment action in the South Dakota Third Judicial Circuit seeking a determination that immunity extended to her under South Dakota's workers' compensation statute, SDCL 62-3-2, for an injury that she caused to Sylvia Ruhr (Ruhr). On February 8, 2007, Wellnitz and Progressive filed a motion for summary judgment under SDCL 15-6-56(c). The...  

[¶1.] Charles E. Sisney, an inmate in the South Dakota State Penitentiary (SDSP), filed a pro se complaint against Best Inc., CBM Inc., and William Carl Preyer (Defendants). Sisney asserted claims under 42 USC §§ 1983 and 1985. He also asserted numerous state law claims. All claims arise out of Best's and CBM's contracts with the State to provide food at the SDSP. The circuit court dismissed for failure to state a claim, concluding that Sisney's complaint was untimely as to Best,...  

[¶1.] Charles E. Sisney, an inmate in the South Dakota State Penitentiary (SDSP), filed a pro se complaint against the State of South Dakota, Douglas Weber, and CBM Inc. (Defendants). Sisney alleged that CBM breached a state contract under which CBM agreed to provide food services to the State at Department of Correction (DOC) facilities. Sisney sought damages for breach of contract as a third-party beneficiary. He also asserted that the alleged breach of contract supported causes of...  

[¶1.] Charles E. Sisney, an inmate in the South Dakota State Penitentiary (SDSP), filed a pro se complaint alleging that he was a third-party beneficiary of a settlement agreement between the Department of Corrections (DOC) and a former inmate. Sisney claimed that DOC and penitentiary officials breached the settlement agreement when they did not provide him with pre-packaged, certified kosher meals. The circuit court dismissed for failure to state a claim. We reverse, concluding that...  

[¶1.] James Kramer was convicted of three separate hunting violations. In this appeal he challenges the revocation of his hunting privileges contending the revocation was for a longer period than authorized by law. We agree and reverse... BACKGROUND... [¶2.] On March 14, 2005, following a court trial before the Honorable Max Gors, Kramer was convicted of hunting with a revoked license, hunting big game on highway and public rights of way, and hunting on private land without consent....  

[¶30.] Today we examine for the first time the full extent of a 1939 statute on municipal liability for street maintenance and construction. We conclude that the Legislature has strictly limited municipal liability for city streets to instances where the city fails to provide guards for an "abandoned" highway or neglects to timely repair or guard a "highway, culvert, or bridge... ... ... damaged by flood, fire or other cause[.]" SDCL 31-32-10... [¶31.] This is a sharp...  

[¶1.] Wyatt Morse agreed to convert Janice Heffron's second-floor room into a small bathroom. He said his plumbing work would be above and beyond code and that he could complete the project in five weeks for $5,000. After ten weeks, the project was not finished. Morse quit without explanation. He had been paid in excess of $6,000. Afterwards, Janice learned that some of the work he did was faulty. Morse was charged and convicted of theft by deception. On appeal, we reverse because there...