Supreme Court Orders Retrial Due to Evidentiary Errors

The South Dakota Supreme Court overturned a jury’s verdict in favor of an injured worker on her bad-faith claim, finding the trial judge had erred in excluding evidence of an attorney’s legal advice. Case: Johnson v. United Parcel Service Inc., No. 39, 06/24/2020, published. Facts and procedural history: Fern Johnson worked for the United Parcel Service Inc. In November 1995, Johnson noticed pain in her right groin area, especially with lifting. On Jan. 4, 1996, Johnson experienced a sharp pain in her groin area at the end of her shift. She saw her gynecologist that day for what...