CANTALOPE v. VFW

Nos. 22710, 22716.

674 N.W.2d 329 (2004)

2004 SD 4

Jennifer CANTALOPE and James Cantalope, Plaintiffs and Appellees, v. VETERANS OF FOREIGN WARS CLUB ("VFW") OF EUREKA, South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 7, 2004.

Rehearing Denied February 17, 2004.


Attorney(s) appearing for the Case

Kimberly Dorsett, Harvey Oliver, Aberdeen, South Dakota, Attorneys for plaintiffs and appellees.

Drew C. Johnson, Aberdeen, South Dakota, Attorney for defendant and appellant.


MEIERHENRY, Justice.

[¶ 1.] Jennifer, employed with her husband James (Cantalopes) as bartenders/managers of the Veterans of Foreign Wars (VFW) facility, had an asthmatic episode at work resulting in injury to her lungs. Jennifer sought worker's compensation benefits for her injury by proceeding against the VFW in circuit court since VFW carried no worker's compensation insurance. The circuit court found in favor of Jennifer and awarded her temporary total disability...

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