Legal Opinion
Zoss v. Dakota Truck Underwriters
South Dakota Supreme Court
Decided March 4, 1998No. NonePublishedCited by 12 opinions
1Opinion of the CourtSabers, Justice
[¶ 1.] Trial court granted summary judgment to employee’s widow, ruling (1) workers’ compensation insurer’s statutory lien against third-party recovery in wrongful death action was limited to benefits paid as of the date the court entered an order apportioning the proceeds of the settlement. The court also ruled (2) it would apportion expenses and attorney’s fees later. Insurer appeals. We reverse and remand.
FACTS
[¶ 2.] On July 13, 1995, Robert Zoss (Robert) was killed in a semi-truck accident. At the time of the accident, Robert was acting within the scope of his employment with Selland…
2Cases cited15 opinions
- Page v. HibbardIllinois Supreme Court · 1987
- Wiersma v. MAPLE LEAP FARMSSouth Dakota Supreme Court · 1996
- Freer v. Hysan CorporationIllinois Supreme Court · 1985
- Johnson v. Rapid City Softball Ass'nSouth Dakota Supreme Court · 1994
- Weiss v. Van NormanSouth Dakota Supreme Court · 1997
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Faircloth v. Raven Industries, Inc.South Dakota Supreme Court · 2000
- Hunley v. Silver Furniture Mfg. Co.Tennessee Supreme Court · 2001
- Gettysburg School District 53-1 v. LarsonSouth Dakota Supreme Court · 2001
- Dakota Plains AG Center, LLC v. SmitheySouth Dakota Supreme Court · 2009
- Zoss v. Dakota Truck UnderwritersSouth Dakota Supreme Court · 1999
7 more not listed; retrieve them via the Exa API.