Mickelson v. Northern Plains Natural Gas Co.

MEMORANDUM AND ORDER

BEAM, Chief Judge.

This matter is before the Court for ruling on issues number 3 and 4 in the order on pre-trial conference dated February 26, 1986. At issue is whether the defendant Northern Plains Natural Gas Company (“Northern Plains”) is immune from suit under the South Dakota Workers’ Disability Act. The Court, after reviewing the materials submitted by the parties, finds that Northern Plains is not immune from plaintiff’s claims.

BACKGROUND

This is a personal injury action arising out of an accident at a pipeline construction site in Deuel County, South Dakota. The…