Credit Collection Services, Inc. v. Pesicka

ZINTER, Justice.

[¶ 1.] Credit Collection Services, Inc. (CCS) appeals a judgment denying attorney’s fees in a breach of contract action against Bradley Pesicka and his former wife Martina Ashford. We reverse and remand.

FACTS

[¶ 2.] In 2003, Pesicka and Ashford, who were still married, received medical services from Avera Sacred Heart Hospital in Yankton, South Dakota. In connection with obtaining these services, Pesicka signed a contract entitled “Consent Form.” The one page printed form was on Avera letterhead and contained provisions on the following matters: authorization for care and…