VERMILLION, S.D. (KELO) — KELOLAND News will livestream from the October 2020 session of the South Dakota Supreme Court this week.
The full arguments from nice cases heard in Vermillion Monday, Tuesday and Wednesday have been added below.
Find out more about the arguments in the links below.
Wednesday, October 7
Tuesday, October 6
Monday, October 5
TAMMEN AND JURGENS V. TRONVOLD
This case will be heard first thing Monday morning at the USD Knudson School of Law. The Tammen and Jurgens v. Tronvold case started with an incident north of Pierre on August 1, 2016.
According to court documents, Gerrit Tronvold was heading southwest on Grey Goose Road when he failed to stop at the stop sign at a “T-intersection” with South Dakota Highway 1804. As Tronvold crossed the oncoming lane of traffic, a motorcycle crashed into the side of his pickup. Officials say the plaintiffs, Randall Jurgens and Lisa Tammen, were the occupants on the motorcycle. Court documents say the plaintiffs’ left legs were “sandwiched” between the motorcycle and the truck bumper. As a result, Jurgens and Tammen suffered from life-threatening injuries, which included amputation of their left legs. The driver of the pickup, Gerrit Tronvold was not injured.
According to court documents, the plaintiffs are raising the following issues on appeal:
- Whether the circuit court erred in failing to apply one of the exceptions to the “going and coming”
rule, which would place Tronvold’s acts within the scope of his employment or agency, thus
rendering the City and PVFD vicariously liable for his actions.
- Whether the circuit court erred in holding that the City of Pierre and the PVFD did not waive governmental immunity by obtaining liability insurance.
- Whether the PVFD’s Governmental Liability Endorsement is void against public policy because it defeats the intent of SDCL 21-32A-1 and is unfair to injured third-parties.
STATE V. RUS
The second oral argument to be held on Monday is State v. Rus. According to court documents, a mailbox belonging to Les and Arla Crago was damaged on June 25, 2019. Les Crago notified authorities and said he believed Chad Rus was responsible for the damage. Not long after, the suspect called Crago and left a voicemail, notifying the homeowner of the damage. Officials say Rus claimed a flat tire caused him to drive into the couple’s mailbox, and he offered to replace it.
Official documents say police found Rus’s vehicle with front end damage at his home. Police used surveillance videos from a nearby business to determine Rus’s location, authorities say.
On July 1, 2019, Rus was interviewed by police. Officials say he admitted to hitting the mailbox, but he denied driving under the influence.
According to court documents, Chad Rus is raising the following issues on appeal:
- Whether a defendant is guaranteed a preliminary hearing when charged with an offense punishable as a felony.
- Whether denial of a preliminary hearing, when charged with an offense punishable as a felony, deprives a defendant of due process of law guaranteed by the U.S. Constitution, Sixth Amendment (through the Fourteenth Amendment’s ‘Due Process’ Clause) and Article VI, § 2 of the South Dakota Constitution.
KOENIG V. LONDON
The third case scheduled to be heard on Monday is Koenig v. London. Court documents say Donald London shot and injured Trooper John Koenig during a standoff on January 7, 2015. The standoff happened on a family farm in rural Kimball, South Dakota.
KELOLAND News coverage will continue on Wednesday. Find out more about the upcoming arguments in the links below.