On January 10, 2018, the South Dakota Supreme Court served strong notice to those who make a habit of seeking to quickly resolve claims following an injury. The case was Kathy A. Schaefer v. Sioux Spine and Sport, Prof. LLC, and Nathan J. Flanders v. Herbert Tollefson. 2018 S.D. 5. In Schaefer, the Plaintiff, a passenger, was injured in an auto accident in June of 2013 when the vehicle she was riding in was rear-ended by Defendant Flanders. The Plaintiff was transported from the scene by ambulance. At the hospital, she had an x-ray which revealed no injury. She was diagnosed with a neck sprain and chest contusion and released. Two days after the accident, the Plaintiff was contacted by an adjuster for Defendant Flanders’ insurer and within two weeks the adjuster asked for a demand and made an offer to resolve the claim.
Continue Reading SOUTH DAKOTA SUPREME COURT OVERTURNS RELEASE, SENDS MESSAGE TO OVERZEALOUS ADJUSTER