Lindblom v. Sun Aviation, Inc.
Annotate this CaseNicholas Hybertson hired Jeff Muhlenkort to spray Hybertson’s filed with an herbicide. Several days after Muhlenkort applied the fertilizer to the Hybertson field, corn on a field owned by Murray and Georgine Lindblom began dying. The Lindbloms brought a claim for damages against Muhlenkort, Hybertson, and Sun Aviation, Inc. (collectively, Defendants) for damages based on negligence and trespass theories. The circuit court ruled in favor of Defendants. The Lindbloms appealed, arguing, among other things, that the circuit court should have given deference to a South Dakota Department of Agriculture investigator’s determination that Muhlenkort violated a safety statute. The Supreme Court affirmed, holding (1) the circuit court was not required to give deference to the Department’s pre-hearing determination that Muhlenkort violated S.D. Codified Laws 38-21-44(2); and (2) the evidence was sufficient to sustain the circuit court’s determination that Muhlenkort did not act negligently in applying the herbicide.
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