Cameron v. OslerAnnotate this Case
The Supreme Court reversed the order of the circuit court granting the motion to dismiss filed by Waste Connections of South Dakota, Inc. on Kimberlynn Cameron's complaint, holding that Cameron properly initiated suit against Waste Connections prior to the expiration of the statute of limitations, and therefore, the circuit court erred when it dismissed the suit.
Cameron brought a personal injury suit against Jason Osler after she was injured in a car accident. Thereafter, Cameron filed an amended complaint adding a claim for vicarious liability and naming Waste Connections, Osler's employer, as a defendant. Cameron, however, failed timely to serve Osler, and he was dismissed from the suit. In its motion to dismiss Waste Connections argued that Cameron's failure to timely serve Osler precluded suit against Waste Connections. The circuit court granted the motion to dismiss. The Supreme Court reversed, holding that the dismissal of Osler did not preclude suit against the employer for vicarious liability.