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MURRAY v. MANSHEIM

No. 25097.

779 N.W.2d 379 (2010)

2010 SD 18

Christopher John MURRAY, a/k/a Chris Murray, Plaintiff and Appellee, v. Travis Gary MANSHEIM, a/k/a Travis Mansheim, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 24, 2010.

Attorney(s) appearing for the Case

Shawn M. Nichols, Douglas Deibert of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota and Donald E. Covey, Winner, South Dakota and Clint L. Sargent of Danforth & Meierhenry, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Jack Theeler, Jody Odegaard Smith of Morgan, Theeler, Wheeler, Cogley & Petersen, LLP, Mitchell, South Dakota, Attorneys for defendant and appellant.

MILLER, Retired Justice.

[¶ 1.] In this decision we affirm the circuit court and hold that a compulsory counterclaim seeking affirmative relief in a personal injury action cannot be served after the expiration of the statute of limitations. Christopher John Murray and Gary Travis Mansheim were involved in a two-car accident. Immediately prior to the expiration of the statute of limitations, Murray commenced an action against Mansheim for damages he sustained...

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