Legal Opinion

Waterman v. Morningside Manor

South Dakota Supreme Court

Decided October 30, 2013No. 26631PublishedCited by 4 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] In this workers’ compensation appeal, we determine, for statute of limitations purposes, whether an amended petition related back to the original petition.

Background

[¶ 2.] Barbara Waterman, a nurse, began working at Morningside Manor in June 2008. In November of that year, she injured her lower back while assisting a resident. She received medical treatment for her injury and returned to work with restrictions in December. On May 13, 2009, she was released from work restrictions. A month later, Morningside’s insurance carrier sent Waterman a letter denying future…

2Cases cited24 opinions

  1. Mayle v. FelixSupreme Court of the United States · 2005
  2. Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
  3. Woods Exploration & Producing Company, Inc. v. Aluminum Company of AmericaCourt of Appeals for the Fifth Circuit · 1971
  4. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1945
  5. Caldwell v. John Morrell & Co.South Dakota Supreme Court · 1992

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3Cited by4 opinions

  1. Hughbanks v. DooleySouth Dakota Supreme Court · 2016
  2. Petrik v. JJ Concrete, Inc.South Dakota Supreme Court · 2015
  3. Nettles v. Hilton Worldwide, Inc.District Court, D. South Dakota · 2020
  4. Wintersteen Revocable TrustSouth Dakota Supreme Court · 2018

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