Benson v. Goble

1999 SD 38, 593 N.W.2d 402, 1999 S.D. LEXIS 44
CourtSouth Dakota Supreme Court
DecidedMarch 31, 1999
DocketNone
StatusPublished
Cited by15 cases

This text of 1999 SD 38 (Benson v. Goble) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benson v. Goble, 1999 SD 38, 593 N.W.2d 402, 1999 S.D. LEXIS 44 (S.D. 1999).

Opinions

AMUNDSON, Justice.

[¶ 1.] Jimmy Ray Benson appeals the trial court’s decision granting summary judgment in favor of employer, Tescom Corporation. The trial court determined the exclusive remedy of workers’ compensation barred Benson’s tort-based claims. Furthermore, the trial court determined Benson failed to allege facts sufficient to fall within intentional tort exception to the exclusivity provision. We affirm.

FACTS

[¶ 2.] Jimmy Ray Benson began working for Tescom Corporation in Watertown, South Dakota, in November 1981. In June 1991, Benson was transferred to the metal finishing department where his new supervisor was James Goble.

[¶ 3.] In July 1991, Benson had his first monthly review with Goble who advised him he was doing a good job. Benson contends two days later he was summoned to Goble’s office and called a “lazy son of a bitch.” Later, in August 1991, Benson was at work removing water from a tank and dumping it into another when Goble noticed Benson’s activity and became upset. Goble yelled and cussed at Benson, calling him a “dumb f-.” Goble then hit Benson on top of the head. This incident occurred at Benson’s workstation. Benson contends Goble again [404]*404lost control in the spring of 1992 when Benson handed Goble the wrong wrench. Goble threw the wrench across the room. Again, Benson claims this incident occurred in plain view of other employees. In early fall of 1993, Benson contends there were incidents where Goble would kick Benson and call him his “whipping boy.” Benson contends that on at least one of these occasions another supervisor was present. Benson did not tell anyone higher up in management about these incidents because he claims he was afraid he would lose his job.

[¶ 4.] On February 17, 1994, Benson claims he was kicked in front of two co-workers while disconnecting a tank. The following day, February 18, Goble had a physical altercation with Benson. Goble began yelling and swearing at Benson. Goble hit Benson on the side of the head, causing Benson’s eyeglasses to go flying. Benson reported this incident to the personnel manager and to Goble’s supervisor.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Althoff v. Pro-Tec Roofing, Inc.
979 N.W.2d 148 (South Dakota Supreme Court, 2022)
Ruschenberg v. Eliason
2014 SD 42 (South Dakota Supreme Court, 2014)
Richard v. Washburn Public Schools
2011 ND 240 (North Dakota Supreme Court, 2011)
Eichstadt v. Frisch's Restaurants, Inc.
879 N.E.2d 1207 (Indiana Court of Appeals, 2008)
Bender v. Dakota Resorts Management Group, Inc.
2005 SD 81 (South Dakota Supreme Court, 2005)
Pickett v. Colonel of Spearfish
209 F. Supp. 2d 999 (D. South Dakota, 2001)
Fryer v. Kranz
2000 SD 125 (South Dakota Supreme Court, 2000)
Daktronics, Inc. v. McAfee
1999 SD 113 (South Dakota Supreme Court, 1999)
Daktronics
1999 SD 113 (South Dakota Supreme Court, 1999)
Clausen v. Aberdeen Grain Inspection, Inc.
1999 SD 66 (South Dakota Supreme Court, 1999)
Benson v. Goble
1999 SD 38 (South Dakota Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
1999 SD 38, 593 N.W.2d 402, 1999 S.D. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benson-v-goble-sd-1999.