FISHER SAND & GRAVEL v. STATE

No. 19247.

558 N.W.2d 864 (1997)

1997 SD 8

FISHER SAND & GRAVEL CO., with its principal place of business at Dickinson, North Dakota, Plaintiff and Appellee, v. The STATE of South Dakota By and Through the SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, a state agency located in Pierre, South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned September 4, 1996.

Decided February 12, 1997.

Rehearing Denied March 10, 1997.


Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer, Moreno, & DuPris, Pierre, for plaintiff and appellee.

Ronald W. Banks and Barton R. Banks of Banks, Johnson, Colbath, & Kerr, Rapid City, for defendant and appellant.


GILBERTSON, Justice (on reassignment).

[¶ 1.] The State of South Dakota through the Department of Transportation appeals a jury verdict in favor of Fisher Sand & Gravel Co. for negligence resulting from a highway construction contract. We reverse and remand with instruction.

FACTS & PROCEDURE

[¶ 2.] The State of South Dakota Department of Transportation (DOT) accepted bids for a concrete paving project to begin in June 1992 on twenty...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases