McMaster v. Amoco Foam Products Co.

MEMORANDUM OPINION AND ORDER

JOHN B. JONES, District Judge.

This case is before the Court on defendant Amoco Foam’s motion for summary judgment. The issues presented are ones of first impression in South Dakota:

I. When an employee of a temporary employment agency has been assigned to a temporary or special employer, is that special employer considered her employer under the exclusivity provision of South Dakota's Workmen's Compensation statute?

II. If an employee’s temporary or special employer paid the temporary employment agency an hourly fee for her services which included a sum for the…