Kneeland v. Matz

ACTION

This is an intermediate appeal from a circuit court Order denying defendants’ request for transfer of a small claims action to the formal side of magistrate court for trial by jury. We reverse and remand.

FACTS

In July 1985, Pat Kneeland (Kneeland), plaintiff-appellee, and Ralph Matz (Matz), were involved in an auto accident at the Windmill Truckstop in Rapid City, South Dakota. On August 28, 1985, Kneeland filed a small claims action against Matz and his insurance company, Milbank Insurance Company. For convenience and clarity, we shall refer to Matz and Milbank Insurance Company as…