Legal Opinion

Hagemann v. NJS Engineering, Inc.

South Dakota Supreme Court

Decided August 1, 2001No. NonePublishedCited by 19 opinions

1Opinion of the Court

AMUNDSON, Justice.

[¶ 1.] The County of Lawrence (County) appeals the trial court’s dismissal of County’s third-party complaint pursuant to SDCL 15-6-12(b). We affirm.

FACTS

[¶ 2.] On June 24,1999, Chad Hagemann and Jason Sims, co-employees of Alpha Omega Company, were travelling east on Lawrence County road number 664. Sims was driving "a company vehicle as Hagem-ann was a passenger. While crossing a wooden bridge, a plank somehow lodged under the rear axle of the vehicle causing it to roll. Although Sims survived the accident, Hagemann was ejected from the vehicle and suffered fatal injuries.…

2Cases cited17 opinions

  1. Petition of Famous Brands, Inc.South Dakota Supreme Court · 1984
  2. Kotecki v. Cyclops Welding Corp.Illinois Supreme Court · 1992
  3. Lambertson v. Cincinnati Corp.Supreme Court of Minnesota · 1977
  4. South Dakota Subsequent Injury Fund v. Casualty Reciprocal ExchangeSouth Dakota Supreme Court · 1999
  5. Clark v. PacificorpWashington Supreme Court · 1991

12 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Peterson, Ex Rel. Peterson v. BurnsSouth Dakota Supreme Court · 2001
  2. Clark County v. Sioux Equipment Corp.South Dakota Supreme Court · 2008
  3. Heine Farms v. Yankton County Ex Rel. County CommissionersSouth Dakota Supreme Court · 2002
  4. Bender v. Dakota Resorts Management Group, Inc.South Dakota Supreme Court · 2005
  5. Peterson v. BurnsSouth Dakota Supreme Court · 2001

14 more not listed; retrieve them via the Exa API.

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