Satterlee v. Johnson

• Decision Date: 15 September 1994
• Docket Number: No. 18633,18633
• Citation: 526 N.W.2d 256
• Parties: Daniel L. SATTERLEE, Plaintiff and Appellant, v. David James JOHNSON and Matt Johnson, Defendants and Appellees. . Considered on Briefs
• Court: South Dakota Supreme Court

Page 256

526 N.W.2d 256

Daniel L. SATTERLEE, Plaintiff and Appellant, v. David James JOHNSON and Matt Johnson, Defendants and Appellees.

No. 18633.

Supreme Court of South Dakota.

Considered on Briefs Sept. 15, 1994.

Decided Jan. 11, 1995.

Steven M. Christensen, Deadwood, and Terry L. Hofer of Bangs, McCullen, Butler, Foye and Simmons, Rapid City, for plaintiff and appellant.

Larry M. Von Wald of Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendants and appellees.

MILLER, Chief Justice.

Appellant Daniel L. Satterlee (Satterlee) appeals the decision of the trial court granting summary judgment to Appellees David James Johnson (James) and Matt Johnson (Matt). (Appellees will be collectively referred to as Johnsons). Satterlee contends that the trial court erred in disregarding the affidavit of his expert witness and that there were genuine issues of material fact barring summary judgment. We affirm.

FACTS

James owns several ranches in western South Dakota, including a ranch in Harding County known as the Dahlen Place. James' son, Matt, lives on the Dahlen Place and manages the ranch for his father. Satterlee began working for James as a ranch hand in October of 1991. He worked primarily on the Dahlen Place under the supervision of Matt.

On July 24, 1992, Satterlee injured his back while assisting Matt and Matt's flying instructor in starting an airplane. The following day, Satterlee rounded up sheep on horseback under Matt's direction. On Monday, July 27, 1992, Satterlee visited his chiropractor who told him he should not work for a while. Two days later, Satterlee's chiropractor authorized him to do light duty work. Satterlee returned to work the following day.

On Friday, July 31, 1992, one week after Satterlee's back injury, Matt told Satterlee to assist him with "working" seven calves confined in a corral on the ranch. This involved branding, dehorning, vaccinating, and castrating the animals. When working calves, Johnsons typically had one person on horseback rope the calf, while two others threw the calf to the ground and held it there. While the calf was being held down, another person or persons would perform the branding, dehorning, vaccination, and castration of the calf. The two individuals holding the calf would then release it.

The crew on this particular day consisted of Matt, Satterlee, Matt's wife, and a fourteen-year-old neighbor girl. The girl's role was to rope the calves. Matt and his wife were responsible for throwing and holding the calves. Because of the injury to his back, Satterlee was assigned the branding, dehorning, vaccinating and castrating duties. After performing this work on the first calf, Satterlee turned away to return the dehorning irons to the propane heater located in the corral. Matt and his wife then released the calf from their hold. The calf charged toward Satterlee. Matt's wife shouted to Satterlee to "Look out," and Satterlee turned to see the calf running toward him. To avoid being hit, Satterlee jumped and twisted out of the path of the calf. Although Satterlee was not hit by the calf, he severely injured his back in jumping out of the way.

On April 7, 1993, Satterlee filed suit against Johnsons, alleging they were negligent in various aspects of the branding operation. Johnsons denied any negligence.

The parties engaged in substantial discovery. Satterlee submitted answers to interrogatories posed by Johnsons and complied with Johnsons' request for production. Depositions were taken of Satterlee, James, Matt, Matt's wife, and the girl who assisted with the branding operation.

On December 7, 1993, Johnsons filed a motion for summary judgment as to all of Satterlee's claims. The parties submitted briefs on the motion and Satterlee and an expert witness on his behalf submitted affidavits in resistance to the motion. The judge, concluding there were no genuine issues of material fact, granted summary judgment to Johnsons on all claims against them. Satterlee appeals. ^*

ISSUE

WHETHER THE TRIAL COURT ERRED IN GRANTING JOHNSONS' MOTION FOR SUMMARY JUDGMENT.

Summary judgment shall be granted "... if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." SDCL 15-6-56(c). In making these determinations, the trial court must review the facts in the light most favorable to the nonmoving party. Merritt v. Edson Express, Inc., 437 N.W.2d 528, 529 (S.D.1989) (citing Wilson v. Great Northern Ry. Co., 83 S.D. 207, 157 N.W.2d 19 (1968)).

On appeal, our task is to determine only whether a genuine issue of material fact exists and whether the law was correctly applied. Harn v. Continental Lumber Co., 506 N.W.2d 91, 94 (S.D.1993) (citing Lamp v. First Nat. Bank of Garretson, 496 N.W.2d 581 (S.D.1993); Waddell v. Dewey County Bank, 471 N.W.2d 591 (S.D.1991)). We are not bound by the factual findings of the trial court and must conduct an independent review of the record. Koeniguer v. Eckrich, 422 N.W.2d 600, 601 (S.D.1988). Affirmance is proper if there exists any basis which would support the trial court's ruling. Harn, 506 N.W.2d at 94 (citing Lamp, 496 N.W.2d at 583; Waddell, 471 N.W.2d 591).

Satterlee alleged the Johnsons had negligently failed to: (1) provide a reasonably safe workplace; (2) properly supervise the branding operation; (3) provide adequate instructions under the circumstances of this branding operation; (4) allow Satterlee to step clear of the branding area before releasing the branded calf; (5) warn Satterlee that the branded calf was going to be released immediately before Satterlee stepped clear of the branding area; (6) use or instruct in the use of reasonable alternatives in the branding operation under the circumstances then existing; (7) provide a suitable number of competent employees to perform the branding operation in a reasonably safe manner; (8) assist and aid Satterlee in the branding operation; and (9) refrain from using Satterlee in the branding operation given his physical limitations.

"Summary judgment is generally not feasible in negligence cases because the standard of the reasonable man must be applied to conflicting testimony.... It is only when the evidence is such that reasonable men can draw but one conclusion from facts and inferences that they become a matter of law and this occurs rarely." Lamp, 496 N.W.2d at 583 (citing Trammell v. Prairie States Ins. Co., 473 N.W.2d 460, 462 (S.D.1991); Wilson, 83 S.D. at 212-13, 157 N.W.2d at 22). A review of the record shows that summary judgment was proper in this negligence case, because Satterlee himself failed to set forth any set of facts upon which his negligence claims could rest.

During his deposition testimony, Satterlee stated that there is a certain amount of risk of physical injury when working around cattle, including the possibility of being kicked or run over. Satterlee testified that he had participated in two other branding operations for the Johnsons prior to his injury, using essentially the same branding method used on the day of his injury. He further testified that the individuals present on the day of his injury were among the people working on these occasions.

Satterlee testified that Matt supervised these other operations and that he had told everyone their jobs and how the work was to be performed. When asked if Satterlee found anything wrong with the way Matt handled the previous branding operations, Satterlee responded:

"No, I mean, that's the way they always do it. Everybody has got their own style and own means of doing it. I mean, everybody does it different. I mean, the way they do it is the way it's been done for years. I mean, it was done different than we do it back home but that doesn't mean it's the right way or the...