Legal Opinion
Aggregate Construction, Inc. v. Aaron Swan & Associates, Inc.
South Dakota Supreme Court
Decided October 28, 2015No. 27383PublishedCited by 4 opinions
1Opinion of the Court
SEVERSON, Justice.
[¶ 1.] Aggregate Construction, Inc. (Aggregate) brought a breach of contract and negligence action against Aaron Swan & Associates, Inc. (Swan) based on Swan’s alleged failure to adequately test the sodium-sulfate soundness of material to be used in a construction project for the South Dakota Department of Transportation (SDDOT). The circuit court dismissed the action on summary judgment, finding that a release executed between Aggregate and SDDOT barred the actions against Swan. Aggregate appeals. We affirm.
Background
[¶2.] On December 31, 2007, Aggregate delivered samples…
2Cases cited6 opinions
- Bowes Construction, Inc. v. South Dakota Department of TransportationSouth Dakota Supreme Court · 2010
- Nelson v. SchellpfefferSouth Dakota Supreme Court · 2003
- A-G-E Corp. v. State Ex Rel. State Department of TransportationSouth Dakota Supreme Court · 2006
- Flugge v. FluggeSouth Dakota Supreme Court · 2004
- Schmiedt v. LoewenSouth Dakota Supreme Court · 2010
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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