New SD Supreme Court Case: Medical Expenses Go Hand in Hand with Pain and Suffering Damages

New SD Supreme Court Case reaffirming the principle that medical damages go part and parcel with pain and suffering damages.

New SD Supreme Court "Slip and Fall" Decision

New South Dakota Supreme Court Decision on Slip and Fall Case.

SD Supreme Court Wrongful Death Suit

On September 16, 2009, the South Dakota Supreme Court affirmed an order for a new trial in a wrongful death suit.  The Court held that because a juror discussed his knowledge of a Google search before the trial, the jury was tainted and a new trial was justified. 

In this case, Russo v. Takata Corp., the driver of a Geo Tracker who was driving to school was killed when her car slid off the side of the road and flipped nearly three times.  Because the driver was a minor, her mother brought suit against Takata Corp., a seatbelt manufacturer, alleging that the seatbelt malfunctioned and failed to operate properly.  After deliberations, the jury found in favor of Takata.  

Prior to the trial, a prospective jury member performed a Google search of Takata.  This juror made it through pretrial questioning, and ended up on the jury for the trial.  During deliberations, the juror stated that he had done a Google search of Takata, and discovered that Takata had never been sued before.  Since this information was received outside of the actual case, the Court held that it may have unfairly influenced other jurors.  

The facts of this case are certainly unfortunate.  We often take our children’s safety for granted as they travel to school everyday.  It is the duty of parents to make sure their children wear their seatbelts.  In this case, the parents performed their duty, but the seatbelt manufacturer may have failed to live up to their end of the deal.  This situation is precisely where parents need to reach out to an advocate to ensure the safety of their loved ones.  A verdict in favor of the plaintiff will not bring back the young girl who lost her life, but perhaps it would save the lives of other children in the future.  

New SD Supreme Court Personal Injury Ruling

This week I am switching gears to talk about an interesting personal injury case that was just ruled on by the South Dakota Supreme Court.  In Klutman v. Sioux Falls Storm, the South Dakota Supreme court affirmed the trial court’s ruling in favor of the plaintiff, Gaylen Klutmen

Gaylen was 17 at the time of a Sioux Falls Storm promotional season kick-off event.  At one point during the event, children were invited to come on to the turf and play an informal game of touch-football.  The participants didn’t sign waivers and received no warning regarding the condition of the field.  After only a few plays in the game, Gaylen was running the ball up the field when he came to a sudden halt and fell backwards.  Gaylen had his foot caught in the turf, which caused a severe knee injury.  The trial court held the Storm liable for damages, and the SD Supreme Court affirmed this ruling.

So what’s the moral of the story?  Well, the answer to that question is two-fold.  First, it serves as a reminder to every person and business that they may be held liable for negligence for accidents that happen on his or her property.  Second, no one expects a life altering accident to happen to them in a situation as innocent as a promotional event.   But let’s face it: accidents do happen, and when they do you need an attorney to ensure you receive the damages you are entitled to.