Legal Opinion
Davis v. Frizzell
South Dakota Supreme Court
Decided August 4, 1993No. 18181PublishedCited by 13 opinions
1Opinion of the Court
WUEST, Justice.
Dale Davis (hereinafter Davis) appeals summary judgment granted to Kenneth Frizzell (hereinafter Frizzell). The trial court found Davis was an independent contractor not entitled to worker’s compensation benefits and granted summary judgment to Frizzell. We reverse and remand for trial.
FACTS
In September of 1989, Davis agreed to manage Frizzell’s Black Hills Gold Auto Sales used car lot in Sturgis, South Dakota. There was no written employment agreement. Davis injured his back at the car lot in November, 1990, while bending over to hitch a trailer to a pickup truck. Black Hills…
2Cases cited7 opinions
- Permann v. South Dakota Department of Labor, Unemployment Insurance DivisionSouth Dakota Supreme Court · 1987
- Egemo v. FloresSouth Dakota Supreme Court · 1991
- In Re the Appeal of Hendrickson's Health Care ServiceSouth Dakota Supreme Court · 1990
- Steen v. PottsSouth Dakota Supreme Court · 1953
- First Western Bank v. Livestock Yards Co.South Dakota Supreme Court · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Great West Casualty Co. v. BergesonSouth Dakota Supreme Court · 1996
- In re Fedex Ground Package System, Inc.District Court, N.D. Indiana · 2008
- Jackson v. Lee's Travelers Lodge, Inc.South Dakota Supreme Court · 1997
- In re Fedex Ground Package System, Inc., Employment Practices LitigationDistrict Court, N.D. Indiana · 2012
- Moonlight Rose Co. v. South Dakota Unemployment Insurance DivisionSouth Dakota Supreme Court · 2003
8 more not listed; retrieve them via the Exa API.