Cameron v. Osler

930 N.W.2d 661 (2019)

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Cameron v. Osler

South Dakota Supreme Court
930 N.W.2d 661 (2019)

Facts

Kimberlynn Cameron (plaintiff) was injured in a car accident with Jason Osler (defendant). Cameron filed suit against Osler and Osler’s employer, Waste Connections of South Dakota, Inc. (Waste Connections) (defendant). She alleged that as Osler’s employer, Waste Connections was vicariously liable for her injuries. Cameron failed to serve Osler with notice of the suit within the period allowed by the statute of limitations. Consequently, the claim against Osler was dismissed. Waste Connections then moved to dismiss the claim against it, arguing that the lack of a viable claim against Osler precluded vicarious liability for his conduct. The circuit court agreed, dismissing the suit against Waste Connections. Cameron appealed to the South Dakota Supreme Court, arguing that her claim against Waste Connections remained viable.

Rule of Law

Issue

Holding and Reasoning (Wilbur, J.)

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