Ries v. JM Custom Homes, LLC
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The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of a general contractor based on the general contractor's statutory immunity under S.D. Codified Laws 62-3-10, holding that the circuit court properly concluded that workers' compensation was the sole remedy available to Appellant.
Plaintiff received a work-related injury at a construction site where his employer was a subcontractor. Plaintiff received workers' compensation benefits from his employer and then filed a negligence claim against the construction project's general contractor. The general contract subsequently amended its answer to assert statutory immunity under section 62-3-10. The circuit court granted summary judgment for the general contractor, concluding that the general contractor remained potentially liable for workers' compensation under S.D. Codified Laws 62-3-10 and, because of the exclusivity provisions of section 62-3-2, workers' compensation was Plaintiff's sole remedy. The Supreme Court affirmed, holding that the circuit court did not err in granting summary judgment for JM.
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