Legal Opinion

Schwartzle v. Austin Co.

South Dakota Supreme Court

Decided September 14, 1988No. 16071PublishedCited by 21 opinions

1Opinion of the Court

MILLER, Justice.

■ In this appeal we hold that the trial court did not abuse its discretion in dismissing a civil action because of plaintiff's failure to prosecute.

FACTS

A chronology of events best articulates what occurred in this action.

1972

On October 16, 1972, plaintiff injured her right leg and knee when she fell into an excavation trench as she was crossing a lot to enter her place of employment at the John Morrell & Company plant in Sioux Falls, South Dakota.

1974

Plaintiff filed a claim for worker’s compensation with the South Dakota Department of Labor.

*701975

Plaintiff began seeing an…

2Cases cited9 opinions

  1. Duncan v. Pennington County Housing AuthoritySouth Dakota Supreme Court · 1986
  2. Holmoe v. ReussSouth Dakota Supreme Court · 1987
  3. James L. Cherry and Mildred F. Cherry v. Brown-Frazier-Whitney, PartnershipCourt of Appeals for the D.C. Circuit · 1976
  4. Chicago and North Western Railway Co. v. BradburySouth Dakota Supreme Court · 1964
  5. Potts v. StarrSouth Dakota Supreme Court · 1955

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Dakota Cheese, Inc. v. TaylorSouth Dakota Supreme Court · 1995
  2. Moore v. Michelin Tire Co., Inc.South Dakota Supreme Court · 1999
  3. Gilbert v. United National BankSouth Dakota Supreme Court · 1989
  4. Devitt v. HayesSouth Dakota Supreme Court · 1996
  5. Du-Al Manufacturing Co. v. Sioux Falls Construction Co.South Dakota Supreme Court · 1989

16 more not listed; retrieve them via the Exa API.

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