Blenner v. City of Rapid City
South Dakota Supreme Court
1Dissent 1
[¶ 35.]
2Dissent · GienappGienapp, Circuit Judge
[¶ 36.] I dissent as to one aspect of the majority decision on Issue Two. I agree that Blenner is entitled to prejudgment interest on the benefits due under the PPD rating for the permanent injury to her back. I also agree with the majority decision relating to the determination that when there is not a lump sum payment that prejudgment interest should be calculated on each weekly payment as it becomes due. Where I part company with the majority is as to the issue as to the time of the commencement of PPD benefits and as a result when interest would commence accruing on the PPD…
3Cases cited4 opinions
- Moss v. GuttormsonSouth Dakota Supreme Court · 1996
- Benson v. Sioux Falls Medical & Surgical ClinicSouth Dakota Supreme Court · 1934
- Herr v. Dakotah, Inc.South Dakota Supreme Court · 2000
- Davidson v. Horton Industries, Inc.South Dakota Supreme Court · 2002