Burhenn v. Dennis Supply Co.
South Dakota Supreme Court
1Opinion of the Court
GILBERTSON, Chief Justice.
[¶ 1.] Peggy Burhenn, as representative for the Estate of Timothy F. Burhenn (Burhenn), brought a wrongful death action against Dennis Supply Company (Dennis Supply). The complaint alleged Dennis Supply acted negligently when it took several of its customers on a fishing trip, resulting in the drowning death of Burhenn. Dennis Supply denied any negligence on its part and asserted the affirmative defenses of contributory negligence and assumption of the risk. After a four-day trial, a jury found Dennis Supply negligent but denied recovery based on its finding that…
2Cases cited15 opinions
- Martinmaas v. EngelmannSouth Dakota Supreme Court · 2000
- Chambers v. Dakotah Charter, Inc.South Dakota Supreme Court · 1992
- Bland v. Davison CountySouth Dakota Supreme Court · 1997
- Parker v. Casa Del Rey-Rapid City, Inc.South Dakota Supreme Court · 2002
- Buxcel v. First Fidelity BankSouth Dakota Supreme Court · 1999
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Klutman v. Sioux Falls StormSouth Dakota Supreme Court · 2009
- Broin & Associates, Inc. v. Genencor International, Inc.District Court, D. South Dakota · 2005
- Bruce Lindholm v. BMW of North America, LLCCourt of Appeals for the Eighth Circuit · 2017
- Federal Trade Commission v. Payday Financial, LLCDistrict Court, D. South Dakota · 2013
- MASAD v. WeberSouth Dakota Supreme Court · 2009
20 more not listed; retrieve them via the Exa API.