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JENSEN v. SPORT BOWL, INC.

Nos. 17156, 17171.

469 N.W.2d 370 (1991)

Vickie L. JENSEN as Guardian Ad Litem for Robert Jensen, a Minor, Plaintiff and Appellant, v. SPORT BOWL, INC., a South Dakota Corporation, and Brunswick Corporation, a Delaware Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 24, 1991.

Attorney(s) appearing for the Case

Dennis C. McFarland, McFarland & Nicholson, Sioux Falls, for plaintiff and appellant.

Michael L. Luce, Davenport, Evans, Hurwitz & Smith, Douglas E. Hoffman of Davenport, Evans, Hurwitz & Smith (on brief), Sioux Falls, for defendant and appellee, Sport Bowl, Inc.

Richard O. Gregerson, Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for defendant and appellee, Brunswick Corp.

SABERS, Justice.

An employed minor was injured while working at a bowling alley. Summary judgment was granted dismissing his tort action against employer on the basis of worker's compensation exclusivity. He appeals.

Facts

Robert Jensen was 14 years old when he went to work as a pinchaser for Sport Bowl (employer) in the fall of 1986. Part of Jensen's job was to wipe oil from automatic pinsetting machines. On November 23, 1986, between 9:30...

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