Bender v. Dakota Resorts Management Group, Inc.

2005 SD 81

ROBERT BENDER, Plaintiff and Appellant,

v.

DAKOTA RESORTS MANAGEMENT GROUP, INC., d/b/a DEER MOUNTAIN SKI AREA, Defendant and Appellee.

No. 23441

Supreme Court of South Dakota.

Considered on Briefs on May 23, 2005

Opinion Filed June 29, 2005

MICHAEL J. SIMPSON of Julius & Simpson, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

MATTHEW J. KINNEY, Kinney Law Office, Spearfish, South Dakota, Attorney for defendant and appellee.

SABERS, Justice.

[¶ 1.] Robert Bender (Bender) worked as a ski lift operator at Deer Mountain Ski Area, located near Lead, South Dakota. Bender was…