Legal Opinion

Milbrandt v. Bibb's, Inc.

South Dakota Supreme Court

Decided April 1, 2015No. 27116Published

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] Milbrandt was injured in an automobile accident during his course of employment for Bibbs, Inc. (Employer). Mil-brandt settled a claim against the other driver involved in the accident. Milbrandt used part of the settlement proceeds to repay workers’ compensation benefits already paid by Employer. The remaining amount of his settlement, after costs, was determined to be “like damages” for which Employer would receive an offset against future medical expenses related to the work injury. After the settlement, Mil-brandt submitted bills for ongoing care related to the…

2Cases cited5 opinions

  1. National Farmers Union Property & Casualty Co. v. BangSouth Dakota Supreme Court · 1994
  2. Miller v. Lake Area HospitalSouth Dakota Supreme Court · 1996
  3. Andreson v. Brink Electric Construction Co.South Dakota Supreme Court · 1997
  4. Meyers v. Meyers Oil CompanySouth Dakota Supreme Court · 1974
  5. Berger v. Wien Air AlaskaAlaska Supreme Court · 2000

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