Gabriel v. Bauman
| Docket Number | 26589 |
| Decision Date | 21 May 2014 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
9 cases
-
S.D. Wheat Growers Ass'n v. Chief Indus., Inc.
...omitted). A defendant "must have an affirmatively reckless state of mind" to constitute willful and wanton misconduct. Gabriel v. Bauman, 847 N.W.2d 537, 541 (S.D. 2014) (internal citations omitted). These terms "signify an actor's mental state" and support a determination of "whether the a......
-
Fischer v. City of Sioux Falls
...June 2018) (emphasis added). Or as this Court has said, the "defendant must have ‘an affirmatively reckless state of mind.’ " Gabriel v. Bauman , 2014 S.D. 30, ¶ 11, 847 N.W.2d 537, 541 (quoting Allen v. McLain , 74 S.D. 646, 649, 58 N.W.2d 232, 234 (1953) ). So while "[w]illful and wanton ......
-
State v. Blakney
...error before we will review it on appeal.” State v. Henjum, 1996 S.D. 7, ¶ 13, 542 N.W.2d 760, 763 (citation omitted); see also Gabriel v. Bauman, 2014 S.D. 30, ¶ 23, 847 N.W.2d 537 (“Had the issue been specifically raised below, the parties would have had an opportunity to consider whether......
-
Smizer v. Drey, 27192.
...inferences that could be drawn from this evidence, does not create a rational basis to assert a claim for punitive damages. See Gabriel v. Bauman, 2014 S.D. 30, ¶ 16, 847 N.W.2d 537, 543 ("The conduct must be more than mere mistake, inadvertence, or inattention.").[¶ 23.] The court also did......
Request a trial to view additional results