Legal Opinion

Alone v. C. Brunsch, Inc.

South Dakota Supreme Court

Decided July 10, 2019No. #28688-a-JMKPublishedCited by 7 opinions

1Opinion of the CourtKern, Justice

[¶1.] Third-party defendants, who are enrolled tribal members and a tribal housing authority, moved to dismiss a complaint filed against them for tortious conduct occurring exclusively on the Pine Ridge Indian Reservation. After a limited evidentiary hearing, the circuit court concluded it lacked jurisdiction and granted the motion pursuant to SDCL 15-6-12(b)(1). Third-party plaintiff appeals. We affirm.

Facts and Procedural History

[¶2.] On October 6, 2016, a duplex in Pine Ridge exploded after propane entered a joint crawl space between Units 157 and 158 through an uncapped gas line. A spark…

2Cases cited25 opinions

  1. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  2. Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
  3. Williams v. LeeSupreme Court of the United States · 1959
  4. Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
  5. James H. ROGERS, Plaintiff-Appellant, v. STRATTON INDUSTRIES, INC., Fred S. Almy, and D.E. Stolberg, Defendants-AppelleesCourt of Appeals for the Sixth Circuit · 1986

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3Cited by7 opinions

  1. State v. EvansSouth Dakota Supreme Court · 2021
  2. State v. CummingsSouth Dakota Supreme Court · 2021
  3. State v. WincklerSouth Dakota Supreme Court · 2026
  4. Estate of CunninghamSouth Dakota Supreme Court · 2025
  5. Spearfish Evans-Tonn Ditch Company v. Horizon Investments, LLCDistrict Court, D. South Dakota · 2024

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