Zoss v. Dakota Truck Underwriters

MILLER, Chief Justice.

[¶ 1.] In this workers’ compensation case resulting from a worker’s death, we clarify our earlier holding by distinguishing “loss of consortium” and “pecuniary loss.” See Zoss v. Dakota Truck Underwriters, 1998 SD 23, 575 N.W.2d 258 (Zoss-1).

FACTS

[¶ 2.] Even though the underlying facts of this litigation are fully set forth in Zoss-1, for purposes of this appeal, a review of the pertinent facts is necessary.

[¶ 3.] Kay Zoss’ husband Robert was killed in a semi-truck accident while employed by Selland Livestock. Selland’s workers’ compensation insurer, Dakota Truck…