Schwartz v. Palachuk

2 Citing cases

  1. Veblen Dist. v. Multi–Cmty. Coop. Dairy

    2012 S.D. 26 (S.D. 2012)   Cited 5 times

    [¶ 21.] “The authority of the trial court concerning sanctions is flexible and allows the court ‘broad discretion with regard to sanctions imposed thereunder for failure to comply with discovery orders.’ ” Schwartz v. Palachuk, 1999 S.D. 100, ¶ 23, 597 N.W.2d 442, 447 (quoting Chittenden & Eastman Co. v. Smith, 286 N.W.2d 314, 316 (S.D.1979)). Plaintiffs have not demonstrated that the circuit court abused its discretion in awarding sanctions.

  2. Hansen v. Shields

    CIV. 18-5041-JLV (D.S.D. Jul. 29, 2020)   Cited 1 times

    But for her defensive driving response, Mrs. Hansen's vehicle would have been drawn into the collision. Mrs. Hansen contemporaneously observed the collision causing serious injury to her brother. Nielson, 597 N.W.2d 442. Her allegation of emotional distress is based on her fear that her brother may suffer potentially serious injuries or death and was not caused by any "fear for . . . her own safety."