The South Dakota Supreme Court upheld an award of benefits to a widow, finding that an employer could not blame her husband's fatal injuries from a trench collapse on misconduct.
Case: Bonebright v. City of Miller, Nos. 28994, 29001-a-MES, 03/18/2020, published.
Facts: James Bonebright worked for the City of Miller as superintendent of the water department.
The city had a safety handbook that specifically required workers to ensure that a proper shoring system is in place before entering a trench. The rules permitted shoring through sloping or a trench box.
The city had ...
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