Jensen v. Sport Bowl, Inc.

I concur with the majority on the intentional tort issue. Jensen’s pleadings fail to meet the intent requirement of the intentional tort exception.

I concur specially on the second issue. “[EJvery person, including a minor, ... under any contract of employment ” is an employee covered by workers’ compensation. SDCL 62-1-3 (emphasis added). We must construe workers’ compensation statutes liberally to provide coverage. S.D. Med. Serv., 303 N.W.2d at 361. Construed liberally, the “any contract of employment” language of SDCL 62-1-3 should be understood to include “voidable” employment contracts…