Mergen v. Northern States Power Co.

AMUNDSON, Justice.

[¶ 1.] The City of Sioux Falls (“City”) appeals the trial court’s determination to condition the City’s right to intervene on the payment of costs, including attorneys’ fees to James Mergen, the plaintiff. City appeals. We reverse and remand.

FACTS

[¶ 2.] On May 13, 1998, James Mergen, an employee with the City’s Lights Department, was called by Northern States Power (“NSP”) regarding an electrical connection in need of repair. Following NSP’s instructions, Mergen was electrocuted while attempting to repair the electrical connection. Soon thereafter, he filed an injury report…