Niesent v. Homestake Mining Co. of California

505 N.W.2d 781 (1993)

Richard NIESENT, Plaintiff and Appellant,

v.

HOMESTAKE MINING COMPANY OF CALIFORNIA, a California corporation, Defendant and Appellee.

Nos. 17933, 18009.

Supreme Court of South Dakota.

Argued February 8, 1993.

Decided September 15, 1993.

Jane Wipf Pfeifle of Lynn, Jackson, Shultz & Lebrun, Rapid City, for appellant.

A.P. Fuller and Brad P. Gordon of Fuller & Tellinghuisen, Lead, for appellee.

TIMM, Circuit Judge.

Richard Niesent (Niesent) was employed as a miner by Homestake Mining Company of California (Homestake). During his new hire probation period he was injured on the job,…