Satterlee v. Johnson

526 N.W.2d 256, 1995 S.D. LEXIS 9, 1995 WL 10472
CourtSouth Dakota Supreme Court
DecidedJanuary 11, 1995
Docket18633
StatusPublished
Cited by6 cases

This text of 526 N.W.2d 256 (Satterlee v. Johnson) 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
Satterlee v. Johnson, 526 N.W.2d 256, 1995 S.D. LEXIS 9, 1995 WL 10472 (S.D. 1995).

Opinions

MILLER, Chief Justice.

Appellant Daniel L. Satterlee (Satterlee) appeals the decision of the trial court granting summary judgment to Appellees David James Johnson (James) and Matt Johnson (Matt). (Appellees will be collectively referred to as Johnsons). Satterlee contends that the trial court erred in disregarding the affidavit of his expert witness and that there were genuine issues of material fact barring summary judgment. We affirm.

[257]*257FACTS

James owns several ranches in western South Dakota, including a ranch in Harding County known as the Dahlen Place. James’ son, Matt, lives on the Dahlen Place and manages the ranch for his father. Satterlee began working for James as a ranch hand in October of 1991. He worked primarily on the Dahlen Place under the supervision of Matt.

On July 24, 1992, Satterlee injured his back while assisting Matt and Matt’s flying instructor in starting an airplane. The following day, Satterlee rounded up sheep on horseback under Matt’s direction. On Monday, July 27,1992, Satterlee visited his chiropractor who told him he should not work for a while. Two days later, Satterlee’s chiropractor authorized him to do light duty work. Satterlee returned to woi’k the following day.

On Friday, July 31, 1992, one week after Satterlee’s back injury, Matt told Satterlee to assist him with “working” seven calves confined in a corral on the ranch. This involved branding, dehorning,- vaccinating, and castrating the animals. When working calves, Johnsons typically had one person on horseback rope the calf, while two others threw the calf to the ground and held it there. While the calf was being held down, another person or persons would perform the branding, dehorning, vaccination, and castration of the calf. The two individuals holding the calf would then release it.

The crew on this particular day consisted of Matt, Satterlee, Matt’s wife, and a fourteen-year-old neighbor girl. The girl’s role was to rope the calves. Matt and his wife were responsible for throwing and holding the calves. Because of the injury to his back, Satterlee was assigned the branding, dehorn-ing, vaccinating and castrating duties. After performing this work on the first calf, Satter-lee turned ■ away to return the dehorning irons to the propane heater located in the corral. Matt and his wife then released the calf from their hold. The calf charged toward Satterlee. Matt’s wife shouted to Sat-terlee to “Look out,” and Satterlee turned to see the calf running toward him. To avoid being hit, Satterlee jumped and twisted out of the path of the calf. Although Satterlee was not hit by the calf, he severely injured his back in jumping out of the way.

On April 7, 1993, Satterlee filed suit against Johnsons, alleging they were negligent in various aspects of the branding operation. Johnsons denied any negligence.

The parties engaged in substantial discovery. Satterlee submitted answers to interrogatories posed by Johnsons and complied with Johnsons’ request for production. Depositions were taken of Satterlee, James, Matt, Matt’s wife, and the girl who assisted with the branding operation.

On December 7, 1993, Johnsons filed a motion for summary judgment as to all of Satterlee’s claims. The parties submitted briefs on the motion and Satterlee and an expert witness on his behalf submitted affidavits in resistance to the motion. The judge, concluding there were no genuine issues of material fact, granted summary judgment to Johnsons on all claims against them. Satter-lee appeals.

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Andrushchenko v. Silchuk
2008 SD 8 (South Dakota Supreme Court, 2008)
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Heib v. Lehrkamp
2005 SD 98 (South Dakota Supreme Court, 2005)
Satterlee v. Johnson
526 N.W.2d 256 (South Dakota Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
526 N.W.2d 256, 1995 S.D. LEXIS 9, 1995 WL 10472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/satterlee-v-johnson-sd-1995.