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ISACK v. ACUITY

No. 26777.

850 N.W.2d 822 (2014)

2014 S.D. 40

Deborah ISACK, individually, and as Guardian and Conservator for Terry D. Isack, Plaintiff and Appellee, v. ACUITY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 2, 2014.

Attorney(s) appearing for the Case

Jon C. Sogn , Dana Van Beek Palmer , Lynn, Jackson, Shultz & Lebrun, PC, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Rick W. Orr , Timothy M. Gebhart , Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] The Third Judicial Circuit Court awarded employee's attorney a thirty-three percent contingent fee from the employer's insurer's (Acuity's) recovery portion of a third-party tort settlement. Acuity appeals, arguing the circuit court erred because Acuity retained its own attorney to represent its statutory rights of recovery and offset. The circuit court held a hearing, applied SDCL 62-4-39...

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