Smizer v. Drey

WILBUR, Justice.

[¶ 1.] Dorothy Smizer, in her individual capacity and as personal representative of the estate-of Harlan Smizer, appeals the circuit court’s decision to impose sanctions under SDCL 15-6-ll(c). The circuit court awarded Christina Drey attorney’s fees as, sanctions after the court concluded that the Smizers did not conduct a reasonable investigation in law or fact to support their claim for punitive damages against Christina. The court also imposed sanctions, because it found that the Smizers improperly sought punitive damages to gain leverage toward settlement of their…